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KPN/743- 



^ECEIVED 

DEC 19 1990 
lAW LifcRARY 



7&? 

NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



COHc 

T1TUI iiyji 

IITIOUl (j 



FINAL DECISION LETTER 

PROPOSED RULES 

Architecture, Board of 

Economic & Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Insurance 

Public Education 

FINAL RULES 

List of Rules Codified 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: DECEMBER 14, 1990 
Volume 5 • Issue 18 • Pages 1 107-1 176 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary 
must begin normal rule-making procedures on the p 
manent rule at the same time the temporary ru 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxima 
ly 35% is changed annuallv. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Ec 
state agency is assigned a separate title which is f 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0. 1 5) per m 
additional page. 

(2) The full publication consists of 52 volum 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00). 
dividual volumes may also be purchased w 
supplement service. Renewal subscriptions 
supplements to the initial publication availal 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrat 
Hearings. 

NOTE 

The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, iss 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P.O. Drawer 11666 

Raleigh, NC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. ScarceUa Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. FINAL DECISION LETTER 

Voting Rights Act 1 107 



II. PROPOSED RULES 

Economic and Community 
Development 

Banking Commission 1108 

Community Assistance 1110 

Hazardous Waste Management 

Commission 1 109 

Environment, Health, and 

Natural Resources 

Environmental Management .... 1 1 2 1 

Health Services 1 123 

Human Resources 

Facility Services 1116 

Insurance 

Medical Database 

Commission 1 120 

Licensing Board 

Architecture, Board of 1162 

Public Education 

Elementary and Secondary 1160 

III. FFNAL RULES 

List of Rules Codified 1166 

rv\ ARRC OBJECTIONS 1169 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 1 172 

VI. CUMULATIVE INDEX 1174 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


*+**+*+* 


******** 


******** 


******** 


******** 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31790 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07/01/90 


10/01/90 


06/15/90 


05/24/90 


06/01/90 


07/15/90 


10/01/90 


07/02/90 


06/11/90 


06/18/90 


08/01/90 


11/01/90 


07/16/90 


06/22/90 


06/29/90 


08/15/90 


11/01/90 


08/01/90 


07/11/90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07/25/90 


08/01/90 


09/14/90 


12/01/90 


09/04/90 


08/13/90 


08/20/90 


10/04/90 


01/01/91 


09/14/90 


08/24/90 


08/31/90 


10/14/90 


01/01/91 


10/01/90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15/90 


09/25/90 


10/02/90 


11/14/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10/24/90 


10/31/90 


12/14/90 


03/01/91 


12/03/90 


11/08/90 


11/15/90 


01/02/91 


04/01/91 


12/14,90 


11/21/90 


11/30/90 


01/13/91 


04/01/91 


01/02/91 


12/07/90 


12/14/90 


02/01/91 


05/01/91 


01/15/91 


12/20/90 


12/31/90 


02/14/91 


05/01/91 


02/01/91 


01/10/91 


01/17/91 


03/03/91 


06/01/91 


02/15/91 


01/25/91 


02/01/91 


03/17,91 


06/01/91 


03/01/91 


02/08/91 


02/15/91 


03/31,91 


07/01/91 


03/15/91 


02/22/91 


03/01/91 


04/14/91 


07/01/91 


04/01/91 


03/11/91 


03/18/91 


05/01/91 


08/01/91 


04/15/91 


03/22/91 


04/01/91 


05/15/91 


08/01/91 


05/01/91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


05/15/91 


04/24/91 


05/01/91 


06/14/91 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


06/14/91 


05/23/91 


05/31/91 


07/14/91 


10/01/91 


07/01/91 


06/10/91 


06/17/91 


07/31/91 


11/01/91 


07/15/91 


06/21/91 


06/28/91 


08/14/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


08/15/91 


07/25/91 


08/01/91 


09/14,91 


12/01/91 


09/03/91 


08/12/91 


08/19/91 


10/03/91 


01/01/92 


09/16/91 


08/23/91 


08/30/91 


10/16/91 


01/01/92 


10/01/91 


09/10/91 


09/17/91 


10/31/91 


02/01/92 


10/15/91 


09/24/91 


10/01/91 


11/14/91 


02/01/92 


11/01/91 


10/11/91 


10/18/91 


12/01/91 


03/01/92 


11/15/91 


10/24/91 


10/31/91 


12/15/91 


03/01/92 


12/02/91 


11/07/91 


11/14/91 


01 '01/92 


04/01/92 


12/16/91 


11/21/91 


12/02/91 


01/15,92 


04/01/92 



* The "Tuirliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. 1 20-30.9 H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the Xorth Carolina 
Register. } 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:DAP:gmh 

DJ 166-012-3 Voting Section 

AK533 P.O. Box 66128 

Washington, D.C. 20035-6128 



November 21, 1990 



David A. Holec, Esq. 

City Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 

This refers to the September 1 1, 1990, annexation to the City of Lumberton in Robeson County, 
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 
1965, as amended, 42 U.S.C. 1973c. We received your submission on September 28, 1990. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Acting Chief, Voting Section 



5:18 NORTH CAROLINA REGISTER December 14, 1990 1107 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMUNITY DEVELOPMENT 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Banking Com- 
mission intends to amend rule(s) cited as 4 
NCAC3C .0110, .0201, .1601. 

1 he proposed effective date of this action is May 
1. 1991. 

1 he public hearing will be conducted at 8:30 
a.m. on February 1 . 1991 at the Dobbs Building, 
Room 6/68. 430 North Salisbury Street, Raleigh, 
North Carolina. 



Cc 



■ omment Procedures: Comments must be sub- 
mitted in writing not later than Monday, Jan. 21, 
1991 . Written comments should be directed to: 

I.. McNeil Chestnut 
North Carolina Banking Commission 

P.O. Box 29512 
Raleigh, North Carolina 27626-0512 

CHAPTER 3 - BANKING COMMISSION 

SUBCHAPTER 3C - BANKS 

SECTION .0100 - ORGANIZATION AND 
CHARTERING 

.0110 ORGANIZATIONAL EXPENSES 

(c) Certain organizational expenses may be 
capitalized and amortized where consistent and 
in accordance with generally accepted accounting 
principals as defined bv the financial Accounting 
Standards Board of the American Institute of 
Certified Public Accountants, where such stand- 



ards do not otherwise conflict with the Banking 
I aws of North Carolina, and provided further 
that such treatment is subject to the prior review 
bv and consent of the Commissioner of Banks. 



Statutoty Authority G.S. 53-2; 53-92; 53-104; 
150B-11(1J. 

SECTION .0200 - BRANCHES AND LIMITED 
SERVICE FACILITIES 

.0201 ESTABLISHMENT OF BRANCHES AND 
LIMITED SERVICE FACILITIES 

Banks may establish branches or limited service 
facilities upon written approval of the Commis- 
sioner of Banks. 
(10) Commissioner to set requirements. When 
a bank acquires one or more branches or 
limited service facilities in connection with a 



reorganization in which the Commissioner 
of Banks or other bank depository financial 
institution regulator has found one or more 
banks depository- financial institutions to be 
in an insolvent, unsafe or unsound condi- 
tion, the Commissioner of Banks shall set 
all requirements pertaining to notice and 
publication, time limitations, and any com- 
ment period. 



Statutory Authority G.S. 
53-92; 150B-11(I). 



53-4; 53-14; 53-62; 



SECTION .1600- FEES 

.1601 FEES, COPIES AND PUBLICATION 
COSTS 

(a) For applications, petitions, and other pro- 
ceedings which must be filed with the Commis- 
sioner of Banks the following fees shall be paid 
to the Commissioner at the time of filing: 

(1) Applrcation for the Formation 

of a New Bank $ 10,000.00 

(2) Application for Authority to 
Decrease Capital Stock % 250.00 

(3) Application to Merge or 
Consolidate Banks 

(fee is per bank) $ 4,000.00 

(4) Application for Reorganization 
Into a Bank Holding Company 
Through an Interim Bank 

(fee is per bank) % 4,000.00 

(5) Application for 

Reorganization % 4,000.00 

(6) Application for Conversion of 
a National Bank to State 

Charter $ 5,000.00 

(7) Application for Voluntary 
Liquidation $ 3,000.00 

(8) Application for Authority to 
Create and Invest in a 

Subsidiary $ 750.00 

(9) Application for Approval of 
Change in Bank Control or 
Management $ 1,000.00 

( 10) Petition for Authority to 
Exceed Investment or Loan 
Limitations % 250.00 

(11) Application for Authority to 
Establish a Branch Bank $ 1,000.00 

(12) Application for Authority to 
Relocate a Main Office or 

Branch $ 750.00 

( 13) Application for Authority to 
Create a Limited Service 

Facility $ 1,000.00 

(14) Application for Authority to 
Convert a Branch to a Limited 



11 OS 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



Service Facility $ 500.00 

(15) Authority to Close a 

Branch $ 1,000.00 

(16) Request for Replacement 

Charter Certificate $ 25.00 

(17) Request for Certificate of 

Good Standing $ 25.00 

(18) Application for Conversion of 
a Savings and Loan Association 

to a State Bank $ 7,500.00 

(b) The fees set forth in Paragraph (a) of this 
Rule are for standard applications, petitions, and 
other proceedings filed and considered in the or- 
dinary course of business. Any application, pe- 
tition or other proceeding which in the opinion 
of the Commissioner of Banks requires extraor- 
dinary review, investigation or special examina- 
tion will be subject to additional expenses at an 
hourly rate to be determined annually by the 
Banking Commission. The Commissioner of 
Banks will advise an applicant or petitioner in 
advance of any additional work required and the 
hourly rate for the same. 

(c) Publications available through the Banking 
Commission and copies of public records may 
be obtained at the following costs. 

(1) Publications: 

(A) Consumer Finance Laws of 
North Carolina 1988 Edition 
(Includes Consumer Finance 
Act, Retail Installment 

Sales Act, and Interest 

Rate Laws) $ 8.00 

(B) Laws of NC Relating to Banks 
and Savings and Loans 
(Including the latest 

Cumulative Supplement) $ 15.00 

(C) The Cumulative Supplement 
(individually) $ 8.00 

(D) Annual Report of Consumer 
Finance Licensees $ 4.00 

(E) Annual Report of State- 
chartered Banks $ 5.00 

(F) Annua] Report of Special 

Services $ 3.50 

(G) North Carolina Administrative 
Code - Chapter 3 Banking 
Commission and Related 
Regulations $ 7.50 

(H) Annual Subscription for Official 
Notice-Maximum Rate of 
Interest Allowed on 

Certain Loans $ 10.00 

(2) Copies of public records: one dollar 
($1.00) per page. 

(d) Any new publication or any publication not 
set forth in Subparagraph (c)(1) of this Rule may 



be purchased at a price of five c e nts ($0.05) 
twenty-five cents ($0.25) per page. 

Statutory Authority G.S. 53-92; 53-122(3); 
I50B-11(1). 

****************** 



iV otice is hereby given in accordance with G.S. 
150B-12 that the Hazardous Waste Management 
Commission intends to adopt rule(s) cited as 4 
NCAC 18 .0309. 

J he proposed effective date of this action is April 
I, 1991. 

1 he public hearing will be conducted at 7:00 
p.m. on January 14, 1991 at the Utilities Com- 
mission Hearing Room, Dobbs Building, Second 
Floor, 430 North Salisbury Street, Raleigh, North 
Carolina. 

K^omment Procedures: Any interested person 
may present written comments for consideration 
by the Commission. The hearing record will re- 
main open for receipt of written comments from 
November 19, 1990 through January 14, 1991. 
Written comments should be received by the 
Commission by 5:00 p.m. on January 14, 1991, to 
be considered as part of the hearing record. 
Comments should be addressed to: 

Ms. Cindy Trinks 

N.C. Hazardous Waste Management Commission 

Post Office Box 25249 

Raleigh, NC 27611 

Any person may present oral comments at the 
hearing. Requests to speak should be presented 
in writing to Ms. Cindy Trinks at the above ad- 
dress no later than five days before the date of the 
hearing. Additional comments may be a/lowed 
by the Commission by sign up at the public hearing 
as time allows. All presentations will be limited 
to 5 minutes. 

CHAPTER 18 - N.C. HAZARDOUS WASTE 
MANAGEMENT COMMISSION 

SECTION .0300 - SITE SELECTION 
PROCEDURE 

.0309 FINAL SITE 

To the extent any provisions of this Subsection 
may conflict with other provisions of this Chap- 
ter, these provisions apply: 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1109 



PROPOSED RULES 



( 1 ) The size of the final site for a facility may 
be limited to the acreage necessary to ac- 
commodate either an incinerator, solvent 
distillation and recovery unit or land dis- 
posal unit, together with any stabilization 
or storage components associated with 
these units. The amount of acreage nec- 
essary for each of these hazardous waste 
management units shall be determined in 
accordance with 15A NCAC 13A .0002 
and 40 CFR 260.10(63). The Commis- 
sion will obtain title to this acreage in fee 
simple. 

(2) The final site for a facility containing an 
incinerator shall be surrounded entirely 
by a buffer zone consisting of land ex- 
tending at least 1,000 feet from the 
boundary of the incinerator site to the 
property boundary. The Commission 
need not hold fee simple title to the buffer 
zone in the event the buffer zone is land 
owned by the State prior to condemna- 
tion. 

(3) The final site for a facility containing a 
solvent distillation and recovery unit or a 
landfill unit shall be surrounded entirely 
by a buffer zone consisting of land ex- 
tending at least 200 feet from the bound- 
ary of the solvent distillation and recovery 
unit site or landfill unit site to the prop- 
erty boundary. The Commission need 
not hold fee simple title to the buffer zone 
in the event the buffer zone is land owned 
by the State prior to condemnation. 

(4) Except as provided in this Subsection, the 
final site ibr the hazardous waste man- 
agement unit or units will meet all the 
criteria set forth in 4 NCAC 18 .0200. 

(5) Except as provided in this Subsection, the 
buffer zone shall meet all the criteria set 
forth in 4 NCAC 18 .0200, except that the 
buffer zone may contain wetlands; pro- 
vided the Commission manages or pro- 
vides for the management of the buffer 
zone in a manner which preserves the 
wetlands. Administration buildings, lab- 
oratories and receiving stations may be 
constructed in the buffer zone so long as 
not constructed in or on wetlands. 



and Community Development - Division of Com- 
munity Assistance intends to repeal rule(s) cited 
as 4 NCAC 19N .0101 - .0/04, .0201 - .0202, 
.0301 - .0303, .0401 - .0402, .050/ - .0505, .0601 

- .0604; 190 .0101 - .0104, .0201 - .0202, .0301 - 
.0304, .0401 - .0403, .0501 - .0503, .0601 - .0605, 
.0701 - .0704; 19P .0101 - .0104, .0201 - .0202, 
.0301 - .0303, .0401 - .0403, .0501 - .0505, .0601 

- .0604; 19Q .0101 - .0104, .0201 - .0202, .0301 - 
.0304, .0401 - .0403, .0501 - .0503, .0601 - .0605, 
.0701 - .0704; and adopt rule(s) cited as 4 NCAC 
19R .0101 - .0104, .020/ - .0202, .0301 - .0305, 
.0401 - .0402, .0501 - .0505, .0601 - .0604. 

1 he proposed effective date of this action is April 
1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on January 14, 1991 at the Second Floor 
Conference Room, 1307 Glenwood Avenue, Suite 
250, Raleigh, North Carolina 27605. 



Co 



■ omment Procedures: Comments may be pre- 
sented at the hearing or submitted by mail to: 

Deborah G. McCrae 

Division of Community Assistance 

1307 Glenwood Avenue, Suite 250 

Raleigh, North Carolina 27605 

CHAPTER 19 - DIVISION OF COMMUNITY 
ASSISTANCE 

SUBCHAPTER 19N - EMERGENCY SHEUTER 
GRANTS PROGRAM ADMINISTRATIVE RULES 

SECTION .0100 - GENERAL PROVISIONS 
(REPEALED) 

.0101 PURPOSE AND OBJECTIVES 

.0102 DEFINITIONS 

.0103 WAIVERS 

.0104 ELIGIBLE APPLICANTS 

Authority G.S. 143-323; 143B-10; 143B-276; P.L. 
99-500; 24 C.F.R. 575; 24 C.F.R. 575.3; 24 
C.F.R. 575.23. 

SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIVITIES (REPEALED) 



Statutory Authority G.S. 130B-7 (a) (5); 130B-7 
(a) (24);130B-ll(b). 

******************* 



.0201 ELIGIBLE ACTIVITIES 
.0202 INELIGIBLE ACTIVITIES 

Authority G.S. 143-323; I43B-10; 24 C.F.R. 
575.21(a); 24 C.F.R. 575.21(b). 



lyotice is hereby given in accordance with G.S. 
150B-12 that the N.C. Department of Economic 



SECTION .0300 - DISTRIBUTION OF FUNDS 
(REPEALED) 



1110 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



.0301 SIZE AND USE OF GRANTS 
.0302 REALLOCATION 
.0303 GENERAL APPLICATION 
REQUIREMENTS 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 
575.37; 24 C.F.R. 575.61. 

SECTION .0400 - GRANT SELECTION 
PROCESS (REPEALED) 

.0401 ELIGIBILITY REQUIREMENTS 
.0402 EVALUATION FACTORS 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 
575.33. 

SECTION .0500 - GRANT ADMINISTRATION 
(REPEALED) 

.0501 GRANT AGREEMENT 

.0502 METHOD OF ADMINISTRATION 

.0503 PROPERTY MANAGEMENT 

STANDARDS 
.0504 RECORDKEEPING 
.0505 GRANT CLOSEOUTS 

Authority G.S. 143-323; 143B-10; 159-34; 24 
C.F.R. 575.21; 24 C.F.R. 575.59; 24 C.F.R. 
575.61; 24 C.F.R. 575.67. 

SECTION .0600 - COMPLIANCE AND 
REPORTING REQUIREMENTS (REPEALED) 

.0601 COMPLIANCE 

.0602 REPORTING 

.0603 MONITORING BY NRCD 

.0604 REMEDIES 

Authority G.S. 143-322; 143-323; 143B-10; 24 
C.F.R. 575.61; 24 C.F.R. 575.65; 24 C.F.R. 
575.69. 

SUBCHAPTER 190 - EMERGENCY SHELTER 
GRANTS PROGRAM ADMINISTRATIVE RLLES 

SECTION .0100 - GENERAL PROVISIONS 
(REPEALED) 



.0202 INELIGIBLE ACTIVITIES 

Authority G.S. 143-323; 143B-10; 150B-14; 24 
C.F.R. 575.21. 

SECTION .0300 - DISTRIBUTION OF FUNDS 
(REPEALED) 

.0301 APPLICATION REQUIREMENTS 

.0302 SIZE OF GRANTS 

.0303 DISTRIBUTION OF FUNDS 

.0304 REALLOCATION 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 575; 
24 C.F.R. 575.41; 24 C.F.R. 575.61. 

SECTION .0400 - OPERATIONS/SERVICES 
CATEGORY (REPEALED) 

.0401 DEFINITION 

.0402 ELIGIBILITY REQUIREMENTS 

.0403 SELECTION CRITERIA 

Authority G.S. 143-323; 143B-I0; 24 C.F.R. 575; 
24 C.F.R. 575.21. 

SECTION .0500 - REHABILITATION 
CATEGORY (REPEALED) 

.0501 DEFINITION 

.0502 ELIGIBILITY REQUIREMENTS 

.0503 SELECTION CRITERIA 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 575; 
24 C.F.R. 575.21; 24 C.F.R. 575.33. 

SECTION .0600 - GRANT ADMINISTRATION 
(REPEALED) 

.0601 GRANT AGREEMENT 

.0602 METHOD OF ADMINISTRATION 

.0603 PROPERTY MANAGEMENT 

STANDARDS 
.0604 RECORDKEEPING 
.0605 GRANT CLOSEOUTS 

Authority G.S. 143-323; 143B-10; 159-34; 24 
C.F.R. 575; 24 C.F.R. 575.61; 24 C.F.R. 575.67. 



.0101 PURPOSE AND OBJECTIVES 

.0102 DEFINITIONS 

.0103 WAIVERS 

.0104 ELIGIBLE APPLICANTS 

Authority G.S. 143-323; 143B-10; I43B-276; P.L. 
100-77; 24 C.F.R. 575; 24 C.F.R. 575.3; 24 
C.F.R. 575.23. 

SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIVITIES (REPEALED) 

.0201 ELIGIBLE ACTIVITIES 



SECTION .0700 - COMPLIANCE AND 
REPORTING REQUIREMENTS (REPEALED) 

.0701 COMPLIANCE 

.0702 REPORTING 

.0703 MONITORING BY NRCD 

.0704 REMEDIES 

Authority G.S. 143-323; 143B-/0; 24 C.F.R. 
575.61; 24 C.F.R. 575.65; 24 C.F.R. 575.69. 

SUBCHAPTER 19P - EMERGENCY SHELTER 
GRANTS PROGRAM ADMINISTRATIVE RULES 



5:18 NORTH CAROLINA REGISTER December 14. 1990 



1111 



PROPOSED RULES 



SECTION .0100 - GENERAL PROVISIONS 
(REPEALED) 

.0101 PURPOSE AND OBJECTIVES 

.0102 DEFINITIONS 

.0103 WAIVERS 

.0104 ELIGIBLE APPLICANTS 

Authority G.S. 143-323; 143B-10; 143B-276; P.L. 
99-500; P.L. 100-77; 24 C.F.R. 575; 24 C.F.R. 
575.3; 24 C.F.R. 575.23. 

SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIVITIES (REPEALED) 

.0201 ELIGIBLE ACTIVITIES 
.0202 INELIGIBLE ACTIVITIES 

Authority G.S. 143-323; I43B-10; I50B-14; 24 
C.F.R. 575.21. 

SECTION .0300 - GENERAL REQUIREMENTS 
(REPEALED) 

.0301 APPLICATION REQUIREMENTS 
.0302 SIZE OF GRANTS 
.0303 REALLOCATION 

Authority G.S. 143-323; 143B-10; 24 C.F.R 575; 
24 C.F.R. 575.41; 24 C.F.R. 575.61. 

SECTION .0400 - OPERATIONS CATEGORY 
(REPEALED) 

.0401 DEFINITION 

.0402 ELIGIBILITY REQUIREMENTS 

.0403 AWARDS 



Authority G.S. 143-323; 143B-I0; 24 C.F.R. 
575.61; 24 C.F.R. 575.65; 24 C.F.R. 575.69. 

SUBCHAPTER 19Q - EMERGENCY SHEUTER 
GRANTS PROGRAM ADMINISTRATIVE RULES 

SECTION .0100 - GENERAL PROVISIONS 
(REPEALED) 

.0101 PURPOSE AND OBJECTIVES 

.0102 DEFINITIONS 

.0103 WAIVERS 

.0104 ELIGIBLE APPLICANTS 

Authority G.S. 143-323; 143B-10; 143B-276; P.L. 
100-77; P.L. 100-628; 24 C.F.R. 575 and 576; 24 
C.F.R. 576.3; 24 C.F.R. 576.23. 

SECTION .0200 - ELIGIBLE AND INELIGIBLE 
ACTIVITIES (REPEALED) 

.0201 ELIGIBLE ACTIVITIES 
.0202 INELIGIBLE ACTIVITIES 

Authority G.S. 143-323; 143B-10; 150B-14; 24 
C.F.R. 576.21. 

SECTION .0300 - GENERAL REQUIREMENTS 
(REPEALED) 

.0301 APPLICATION REQLIREMENTS 

.0302 SIZE OF GRANTS 

.0303 DISTRIBUTION OF FUNDS 

.0304 REALLOCATION 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576; 
24 C.F.R. 576.61; 24 C.F.R. 576.81. 



Authority G.S. 143-323; 143B-10; 24 C.F.R. 575; 
24 C.F.R. 575.21. 

SECTION .0500 - GRANT ADMINISTRATION 
(REPEALED) 

.0501 GRANT AGREEMENT 

.0502 METHOD OF ADMINISTRATION 

.0503 PROPERTY MANAGEMENT 

STANDARDS 
.0504 RECORDKEEPING 
.0505 GRANT CLOSEOUTS 



SECTION .0400 - OPERATIONS/SERV ICES 
CATEGORY (REPEALED) 

.0401 DEFINITION 

.0402 ELIGIBILITY REQLIREMENTS 

.0403 AWARDS 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576; 
24 C.F.R. 576.21 ( a) (2) (3). 

SECTION .0500 - REHABILITATION 
CATEGORY 



Authority G.S. 143-323; 143B-10; 159-34; 24 
C.F.R. 575; 24 C.F.R. 575.61; 24 C.F.R. 575.67. 

SECTION .0600 - COMPLIANCE AND 
REPORTING REQUIREMENTS (REPEALED) 

.0601 COMPLIANCE 

.0602 REPORTING 

.0603 MONITORING BY NRCD 

.0604 REMEDIES 



.0501 DEFINITION 

.0502 ELIGIBILITY REQL 1REMENTS 

.0503 AWARDS 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

SECTION .0600 - GRANT ADMINISTRATION 
(REPEALED) 

.0601 GRANT AGREEMENT 



1112 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



.0602 METHOD OF ADMINISTRATION 
.0603 PROPERTY MANAGEMENT 

STANDARDS 
.0604 RECORDKEEPING 
.0605 GRANT CLOSEOUTS 

Authority G.S. 143-323; 143B-10; 159-34; 24 
C.F.R. 576; 24 C.F.R. 576.81; 24 C.F.R. 576.87. 

SECTION .0700 - COMPLIANCE AND 
REPORTING REQUIREMENTS (REPEALED) 

.0701 COMPLIANCE 

.0702 REPORTING 

.0703 MONITORING BY NRCD 

.0704 REMEDIES 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 
576.81; 24 C.F.R. 576.85; 24 C.F.R. 576.89. 

SUBCHAPTER 19R - EMERGENCY SHELTER 
GRANTS PROGRAM ADMINISTRATIVE RULES 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE AND OBJECTIVES 

The purpose of the North Carolina Emergency 
Shelter Grants Program (hereinafter referred to 
as "ESGP") is to assist families and individuals 
who are homeless primarily due to their eco- 
nomic circumstances. Consistent with this pur- 
pose, ESGP funds will assist local governments 
in improving the quality and availability of 
emergency shelters and services for the homeless 
in their community. 

Authority G.S. 143-323; 143B-10; I43B-276; PL. 
100-628; 24 C.F.R. 575 and 576. 

.0102 DEFINITIONS 

The following terms shall apply to the rules of 
this Subchapter: 

(1) "Act" means the Stewart B. McKinney 
Homeless Assistance Act, P.L. 100-77, as 
amended. 

(2) 'Applicant" means a local government 
which makes an application pursuant to the 
provisions of this Subchapter. 

(3) "Department" means the North Carolina 
Department of Economic and Community 
Development. 

(4) "ESGP" means the state-administered 
Emergency Shelter Grants Program. 

(5) "Local Government" means any unit of 
general city or county government in the 
state. 

(6) "Recipient" means a local government that 
has been awarded an ESGP grant and has 
executed a Grant Agreement with the De- 
partment. 



(7) "Secretary" means the Secretary of the 
Department of Economic and Community 
Development or his designee. 

(8) "Shelter" means an individual facility with 
the capacity to provide overnight lodging 
whose purpose is to assist homeless persons 
through activities funded under this Sub- 
chapter. For purposes of this program, the 
term "shelter" excludes substance abuse re- 
habilitation centers. 

(9) "State" means the state of North Carolina. 

(10) "Subrecipient" means a nonprofit service- 
providing agency that a recipient contracts 
with to carry out services and activities 
funded under this Subchapter. 

(11) "Obligated" means the recipient or subre- 
cipient has placed orders, awarded contracts, 
incurred costs, or performed similar trans- 
actions that require payment from the 
ESGP grant amount. 

(12) "Expended" means purchases have been 
made and deliveries received for goods and 
services to be paid with ESGP funds. 



Authority G.S. 143-323; 
576.3; P.L. 100-77. 



143B-10; 24 C.F.R. 



.0103 WAIVERS 

The Secretary may waive any requirements of 
this Subchapter not required by law whenever 
he determines that undue hardship to applicants, 
recipients or beneficiaries will result from apply- 
ing the requirements and where application of the 
requirements would adversely affect the purposes 
of the Act. 



Authority G.S. 
24 C.F.R. 576. 



143-323; 143B-I0; P.L. 100-77; 



.0104 ELIGIBLE APPLICANTS 

Eligible applicants are all local governments. 



A uthority 
576.23. 



G.S. 143-323; 143B-10; 24 C.F.R. 



SECTION .0200 



ELIGIBLE AND INELIGIBLE 
ACTIVITIES 



.0201 ELIGIBLE ACTIVITIES 

This Subchapter, in accordance with G.S. 
150B- 14(c), adopts by reference as eligible activ- 
ities those Operations/Services activities de- 
scribed as such in 24 CFR 576.21(a) and in 
corresponding sections of the Act, as amended. 
Copies of these sections of federal law and regu- 
lation are available for public distribution from 
the Department. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1113 



PROPOSED RULES 



Authority G.S. 143-323; 143B-10; 150B-14; 24 
C.F.R. 576.21. 

.0202 INELIGIBLE ACTIVITIES 

This Subchapter, in accordance with G.S. 
150B- 14(c), adopts by reference as ineligible ac- 
tivities those activities described as such in the 
Act and in 24 CFR 576.21(c), as amended. 
Copies of these sections of federal law and regu- 
lation are available for public distribution from 
the Department. 

Authority G.S. 143-323; 143B-I0; 150B-14; 24 
C.F.R. 576.21. 

SECTION .0300 - GENERAL REQUIREMENTS 

.0301 APPLICATION REQUIREMENTS 

(a) Local governments are required to submit 
applications in a manner prescribed by the De- 
partment in order to be considered for funding. 
Selection of applications for funding will be 
based primarily on information contained in the 
application, thus applications must provide suf- 
ficient information for the Department to evalu- 
ate them. 

(b) Applicants may apply for more than one 
grant and be awarded more than one grant, pro- 
viding the total amount of funds awarded to a 
single shelter does not exceed the maximum lim- 
its determined by the Department. 

(c) The Department shall designate specific 
dates for submission of ESGP grant applications. 
Grant application submission dates will be an- 
nounced by the Department a niinirnum of 20 
days before the date applications are due. 

(d) Applications must be received by the De- 
partment administrative offices in Raleigh before 
5:00 p.m. on the submission date or, if sent by 
mail, must be postmarked on or before the sub- 
mission date. 

(e) The applicant shall certify to the Depart- 
ment that it will comply with all applicable fed- 
eral and state laws, regulations, rules and 
executive orders. 

(1) Copies of these federal and state docu- 
ments are available for public distribution 
from the Department. 

(2) Notwithstanding the provisions of Para- 
graph (d) in this Rule, certifications of 
compliance may be postmarked to be re- 
ceived by the Department up to two 
weeks after the date the application is due. 
This provision applies only to certif- 
ications. 

(f) Applicants must comply with the Act, all 
applicable federal and state laws, regulations, 



rules, executive orders and guidelines issued by 
the Department. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 
576.81. 

.0302 SIZE OF GRANTS 

(a) Grants are applied for and awarded in one 
category: Operations/Services. 

(b) The maximum amount which may be ap- 
plied for in the Operations/Services category de- 
pends on the size of the shelter on whose behalf 
the application is made. Shelter size shall be de- 
termined by overnight lodging capacity. 

(c) The minimum grant which may be applied 
for shall be determined by the Department. 

(d) Notwithstanding the provisions of Para- 
graph (b) of this Rule, the Department reserves 
the right to award grants for less than the re- 
quested amount in the event that the total 
amount of funds requested exceeds the total 
amount of funds available; the Department also 
reserves the right to award grants exceeding the 
amount requested if the total amount of funds 
requested is less than the total amount of funds 
available. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0303 DISTRIBUTION OF FUNDS 

A percentage of ESGP funds to be determined 
by the Department will be awarded to domestic 
violence shelters. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0304 REALLOCATION 

Any ESGP funds recaptured by the Department 
will be reallocated in a manner to be prescribed 
by the Department. 

Authority G.S. 143-323; 143B-/0; 24 C.F.R. 
576.61. 

.0305 AWARDS 

Awards shall be made by the Department to 
eligible applicants using a pro-rata formula based 
on the total amount requested that is eligible for 
funding and the total amount available for dis- 
tribution, in accordance with Rules .0302 and 
.0303 of this Section. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

SECTION .0400 - OPERATIONS/SERVICES 
CATEGORY 

.0401 DEFINITION 



1114 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



The operations/services category includes those 
eligible activities referenced in 24 CFR 576.21(a). 

Authority G.S. 143-323; 143B-I0; 24 C.F.R. 
576.21 (a)(2) (3). 

.0402 ELIGIBILITY REQUIREMENTS 

Applications for ESGP funds must be complete 
and show that: 

(1) The application was duly authorized by the 
local governing body, or that such authori- 
zation is imminent. 

(2). Grant funds will be expended by a shelter 
as defined in Rule .0102 of this Subchapter. 

(3) Funds will be expended within 180 days of 
the date of the grant award. 

(4) Funds used for the provision of essential 
services: 

(a) Total 30 percent or less of the entire 
Operations/Services grant amount and; 

(b) Are used to provide either a new service 
or a quantifiable increase in the level of 
service. 

(5) AH federal requirements will be met, in- 
cluding: 

(a) Matching Resources - 24 CFR 576.71; 

(b) Nondiscrimination - 24 CFR 576.79(a). 

(6) The subrecipient must continue operation 
as an emergency shelter for at least one year 
after the date of the grant award. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

SECTION .0500 - GRANT ADMINISTRATION 

.0501 GRANT AGREEMENT 

(a) Upon approval of the application by the 
Department, a written grant agreement will be 
executed between the recipient and the Depart- 
ment. The rules in this Subchapter, application 
guidelines, subsequent guidelines prepared by the 
Department, the approved application, and any 
subsequent amendments to the approved appli- 
cation shall become a part of the grant agree- 
ment. 

(b) A copy of the grant agreement in its original 
form along with any and all modifications thereto 
shall be kept on file in the office of the recipient 
in accordance with Rule .0504 of this Section. 

(c) ESGP Program amendments. Recipients 
shall request prior Departmental approval for all 
amendments to the grant agreement when: 

(1) The recipient proposes to change the ap- 
proved project budget amount for any of 
the three types of eligible activities as de- 
scribed in 24 CFR 576.21(a). 

(2) The recipient proposes to distribute all or 
part of its grant(s) to programs, shelters, 



or agencies other than those originally 

approved in the application, 
(d) The Department reserves the right to disal- 
low any proposed amendment to the grant 
agreement. 

Authority G.S. 143-323; 143B-/0; 24 C.F.R. 
576.81. 

.0502 METHOD OF ADMINISTRATION 

(a) Recipients may delegate to nonprofit sub- 
recipients the responsibility of undertaking or 
carrying out ESGP activities pursuant to 24 CFR 
576.3 and 24 CFR 576.23. This does not pro- 
hibit the designation of an administering agency, 
so long as no ESGP funds are used for adminis- 
trative costs. 

(b) The Department shall make payments of 
ESGP funds to recipients on a cost- 
reimbursement or cost-incurred basis. Recipi- 
ents shall request payment of ESGP funds in a 
manner prescribed by the Department. 

(c) AH payments of ESGP funds to recipients 
must be for costs incurred during the period of 
the grant. Recipients will not receive payment 
for costs incurred before the execution of the 
Grant Agreement. 

Authority G.S. 143-323; 143B-10; 24 C.F.R. 576. 

.0503 PROPERTY MANAGEMENT 
STANDARDS 

(a) Property acquired with ESGP grant funds 
shall be used to provide benefits to the homeless. 

(b) Recipients and subrecipients must proceeds 
from the disposition of property acquired with 
ESGP funds in a manner which provides benefit 
to the homeless in their community. 

Authority G.S. 143-323; 143B-/0; 24 C.F.R. 
576.81. 

.0504 RECORDKEEPING 

(a) The Department, or any of the Depart- 
ment's duly authorized representatives, shall have 
access to all books, accounts, records, reports, 
files, audits, and other papers or property of re- 
cipients or their subrecipients and contractors 
pertaining to funds provided under this Sub- 
chapter for the purpose of making surveys, au- 
dits, examinations, excerpts and transcripts. 

(b) Financial records, supporting documents 
and all other reports and records required under 
this Subchapter, and all other audits and records 
pertinent to the ESG Program shall be retained 
by the recipient for a period of at least three years 
from the date of the closeout of the program, 
except that records shall be retained until all liti- 



5:18 NORTH CAROLINA REGISTER December 14. 1990 



1115 



PROPOSED RULES 



gations, claims, or audit findings involving the 
records have been resolved. 

(c) All records shall be sufficient to determine 
compliance with the requirements and primary 
objectives of the ESG Program and all other ap- 
plicable laws and regulations. All accounting 
records shall be supported by source documen- 
tation. 



A uthority 
576.87. ' 



G.S. 143-323; 143B-10; 24 C.F.R. 



.0505 GRANT CLOSEOLTS 

ESGP grants will be closed out by the Depart- 
ment in the following circumstances: 

( 1 ) The Department will initiate closeout pro- 
cedures after the Department determines, in 
consultation with the recipient, that there 
are no impediments to closeout and that all 
ESGP funds have been expended or re- 
turned to the Department. 

(2) Termination of grant for mutual conven- 
ience. Grant assistance provided under this 
Subchapter may be cancelled, in whole or in 
part, by the Department or the recipient, 
prior to the completion of the approved 
ESG Program, when both parties agree that 
the continuation of the program no longer 
is feasible or would not produce beneficial 
results commensurate with the further ex- 
penditure of funds. Termination of grant 
shall be in writing. 

(3) Termination for cause. The Secretary may 
terminate the recipient's entire grant, or the 
remaining balance thereof, in accordance 
with Rule .0604 of this Subchapter. 



Authority G.S. 
C.F.R. 576.81. 



143-323; 143B-10; 159-34; 24 



SECTION .0600 - COMPLIANCE AND 
REPORTING REQUIREMENTS 

.0601 COMPLIANCE 

Recipients shall have responsibility for ensuring 
that ESGP funds are expended as stated in their 
grant agreement and in conformance with all ap- 
plicable federal and state laws, regulations, and 
guidelines, regardless of whether activities are 
carried out by the recipient or a subrecipient. 
The Department may prescribe procedures for 
ensuring compliance with the provisions of this 
Rule. 



Authority ' G.S. 
576.81. ' 



143-323; 143B-10; 24 C.F.R. 



(a) The Department may require recipients to 
provide interim performance reports in a form 
prescribed by the Department. Recipients will 
be notified a minimum of 20 days before the re- 
port is due. 

(b) The recipient shall submit an Annual Per- 
formance Report to the Department as part of 
closeout procedures. The Department will notify 
grantees of the date the Annual Performance 
Report is due. The Annual Performance Report 
shall be in a form prescribed by the Department. 



Authority G.S. 
576.85. 



143-323; 143B-10; 24 C.F.R. 



.0603 MONITORING BY THE DEPARTMENT 

(a) The Secretary may evaluate activities con- 
ducted under this Subchapter and their effective- 
ness in meeting the objectives of the ESG 
program. 

(b) The Secretary may conduct such evalu- 
ations using the Department personnel, or by 
contract or other arrangement with public or 
private agencies. 



Authority G.S. 
576.89. 



143-323; 143B-/0; 24 C.F.R. 



.0604 REMEDIES 

When the Secretary determines on the basis of 
a review of a recipient's performance that the 
objectives of an ESG program described in the 
grant agreement had not been met, the Depart- 
ment may take one or more of the following 
actions as appropriate: 

(1) Issue a warning letter that further failure to 
comply with such requirements will result in 
a more serious sanction; 

(2) Condition a future grant; 

(3) Direct the recipient to stop the incurring 
of costs with grant amounts; 

(4) Require that some or all of the grant 
amounts be remitted to the Department; 

(5) Reduce the level of funds the recipient 
would otherwise be entitled to receive; or 

(6) Elect not to provide future grant funds to 
the recipient until appropriate actions are 
taken to ensure compliance. 



A uthority 
576.89. ' 



G.S. 143-323; 143B-/0; 24 C.F.R. 



.0602 REPORTING 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



iV otice is hereby given in accordance with G.S. 
150B-12 that the Medical Care Commission (Di- 



1116 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



vision of Facility Services) intends to amend rules 
cited as 10 NCAC 3C .0301, .0305; and adopt 
rules cited as 10 NCAC 3C .0913 - .0920. 

1 he proposed effective date of this action is June 
1, 1991. 

J. he public hearing will be conducted at 9:30 
a.m. on March 15, 1991 at the DFS, Room 201, 
Council Building, 701 Barbour Drive, Raleigh, NC 
27603. 

Comment Procedures: Written comments 
should be submitted to Lynda McDaniel, 701 
Barbour Drive, Raleigh, North Carolina 27603 by 
March 15, 1991 . Oral comments may be given at 
the hearing. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3C - LICENSING OF 
HOSPITALS 

SECTION .0300 - ADMINISTRATION 

.0301 GOVERNING BOARD 

(h) A hospital with one or more units, or 
portions of units, however described, utilized for 
psychiatric or substance abuse treatment shall 
adopt policies implementing the provisions of 
North Carolina General Statutes Chapter 122C 
Article 3 and Article 5 parts 2^ 3^4^ 5^1^ and ^ 

Statutory Authority G.S. I31E-79. 

.0305 ADMISSION AND DISCHARGE 

(g) No mentally competent adult shall be de- 
tained in the institution against his will, nor shall 
a child be detained against the will of a parent 
or legal guardian for any reason. This restriction 
shall not apply to persuasion of the patient in his 
own interest to consider the possible conse- 
quences of his actions, nor to the temporary de- 
tention of a mentally disturbed patient for the 
protection of himself and others, pending prompt 
legal disposition as may be provided for in G.S. 
122C which is hereby adopted by reference pur- 
suant to G.S. 150B- 14(c). Documentation of the 
commitment process shall be retained for all in- 
voluntary commitments m accordance with the 
provisions of Rule U) NCAC 3C .1405. 

Statutory Authority G.S. I31E-79. 

SECTION .0900 - GENERAL CLINICAL 
SERVICES 

.0913 PSYCHIATRIC OR SUBSTANCE ABUSE 
SERVICES: APPLICABILITY OF RULES 



The rules contained in 10 NCAC 3C .0913 - 
.0917 shall apply only to inpatient services unless 
otherwise specified. 

Statutory Authority G.S. 131E-79. 

.0914 DEFINITIONS APPLICABLE TO 

PSYCHIATRIC OR SUBSTANCE ABUSE 
SERVICES 

(a) "Certified counselor" means an alcoholism, 
drug abuse or substance abuse counselor who is 
certified by the North Carolina Substance Abuse 
Professional Certification Board. 

(b) "Certified substance abuse 
counselor/supervisor" means an individual who 
is a "certified counselor" as defined in 10 NCAC 
3C .0914(a) and is designated by the North 
Carolina Substance Abuse Professional Certif- 
ication Board as a qualified substance abuse 
supervisor. 

(c) "Clinical/professional supervision" means 
regularly scheduled assistance by a qualified 
mental health professional or a qualified sub- 
stance abuse professional to a staff member who 
is providing direct, therapeutic intervention to a 
client or clients. The purpose of clinical super- 
vision is to ensure that each client receives ap- 
propriate treatment or habilitation which is 
consistent with accepted standards of practice 
and the needs of the client. 

(d) "Direct care staff' means an individual who 
provides active direct care, treatment, or rehabil- 
itation or habilitation services to clients on a 
continuous and regularly scheduled basis. 

(e) "Psychiatric nurse" means an individual 
who is licensed to practice as a registered nurse 
in the State of North Carolina by the North 
Carolina Board of Nursing and who is a graduate 
of an accredited master's level program in psy- 
chiatric mental health nursing with two years of 
experience or has a master's degree in behavioral 
science with two years of supervised clinical ex- 
perience, or has four years of experience in psy- 
chiatric mental health nursing. 

(f) "Psychiatric social worker" means an indi- 
vidual who holds a master's degree in social work 
from an accredited school of social work and has 
two years of clinical social work experience. 

(g) "Psychiatrist" means an individual who is 
licensed to practice medicine in North Carolina 
and who has completed an accredited training 
program in psychiatry. 

(h) "Psychologist" means an individual li- 
censed to practice psychology in North Carolina 
by the North Carolina State Board of Examiners 
of Practicing Psychologists. 

(i) "Qualified mental health professional" 
means any one of the following: psychiatrist, 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



1117 



PROPOSED RULES 



psychiatric nurse, practicing psychologist, psy- 
chiatric social worker, an individual with at least 
a master's degree in a related human service field 
and two years of supervised clinical experience in 
mental health services or an individual with a 
baccalaureate degree in a related human service 
field and four years of supervised clinical experi- 
ence in mental health services. 

(j) "Qualified substance abuse professional" 
means an individual who is: 

(1) certified by the North Carolina Substance 
Abuse Professional Certification Board; 
or 

(2) certified by the National Consortium of 
Chemical Dependency Nurses, Inc.; or 

(3) a graduate of a college or university with 
a baccalaureate or advanced degree in a 
human service related field with doc- 
umentation of at least two years of super- 
vised experience in the profession of 
alcoholism and drug abuse counseling. 

(k) "Restraint" means the limitation of one's 
freedom of movement and includes the following: 

( 1) mechanical restraint which means restraint 
of a client with the intent of controlling 
behavior with mechanical devices which 
include, but are not limited to, cuffs, ankle 
straps, sheets or restraining shins. 

(2) physical restraint which means restraint 
of a client until calm. As used in these 
Rules, the term physical restraint does not 
apply to the use of professionally recog- 
nized methods for therapeutic holds of 
brief duration (five minutes or less). 

(1) "Restrictive facility" means a facility so 
designated by the Division of Facility Services 
which uses mechanical restraint or seclusion in 
accordance with G.S. 122C-60 in order to re- 
strain a client's freedom of movement. 

(m) "Seclusion" means isolating a client in a 
separate locked room for the purpose of control- 
ling a client's behavior. 

Statutory Authority G.S. 131E-79. 

.0915 STAFFING FOR PSYCHIATRIC OR 
SUBSTANCE ABUSE SERVICES 

(a) General. 

(1) A physician shall be present in the facility 
or on call 24 hours per day. The treat- 
ment of each patient shall be under the 
supervision of a physician. 

(2) Each facility shall determine its overall 
staffing requirements based upon the age 
categories (child, adolescent, adult, el- 
derly), clinical characteristics, treatment 
requirements and numbers of patients. 



(3) There shall be a sufficient number of ap- 
propriately qualified clinical and support 
staff to assess and address the clinical 
needs of the patients. 

(4) Staff members shall have training or ex- 
perience in the provision of care in each 
of the age categories assigned for treat- 
ment. 

(b) Psychiatric Services. 

( 1 ) Staff coverage for psychiatric services shall 
include at least one each of the following: 
psychiatrist, psychiatric nurse, psychol- 
ogist, and a psychiatric social worker. 

(2) A qualified mental health professional 
shall be readily available by telephone or 
page and able to reach the facility within 
30 minutes on a 24 hour basis. 

(3) Each clinical or direct care staff member 
who is not a qualified mental health pro- 
fessional shall receive professional super- 
vision from a qualified mental health 
professional. 

(c) Substance Abuse Services. 

(1) At least one registered nurse shall be on 
duty during each shift. 

(2) Certified counselors or qualified substance 
abuse professionals shall be employed at 
the ratio of one staff member for each ten 
inpatients or fraction thereof. In docu- 
mented instances of bona fide shortages 
of certified persons, uncertified individuals 
expecting to become certified may be em- 
ployed for a maximum of 38 months 
without qualifications. 

(3) The hospital shall have a minimum of two 
staff members providing care, treatment 
and services directly to patients on duty 
at all times and maintain a shift ratio of 
one staff member for each 20 or less in- 
patients with the following exceptions: 

(A) \Mien there are minor inpatients there 
shall be staff available on the ratio of one 
staff member for each 5 minor inpatients 
or fraction thereof during each shift from 
7:00 a.m. - 11:00 p.m. 

(B) When detox services are offered there 
shall be no less than one staff member for 
each nine inpatients or fraction thereof on 
each shift. 

(4) A certified substance abuse 
counselor supervisor shall be available in 
accordance with requirements of the 
North Carolina Substance Abuse Profes- 
sional Certification Board, but shall be 
required no earlier than January 7 , 1993. 

Statutory Authority G.S. 131E-79. 



HIS 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



.0916 PSYCHIATRIC OR SUBSTANCE ABUSE 
SERVICES RECORD REQUIREMENTS 

(a) In addition to the general record keeping 
requirements of Rule 10 NCAC 3C .1404, spe- 
cialized assessment and treatment plans for indi- 
viduals undergoing psychiatric or substance 
abuse treatment are as follows: 

(1) Within 24 hours following admission each 
individual shall have a completed admis- 
sion assessment. The initial assessment 
shall include the reason for admission, 
admitting diagnosis, mental status includ- 
ing suicide potential, diagnostic tests or 
evaluations, and a determination of the 
need for additional information to include 
the potential for the physical abuse of self 
or others and a family assessment when a 
minor is involved. 

(2) Within 72 hours following admissions a 
preliminary individual treatment plan 
shall be completed and implemented. 

(3) Within ten days following inpatient ad- 
mission a comprehensive individual treat- 
ment plan shall be developed and 
implemented. For outpatient programs 
the plan shall be developed and imple- 
mented within 30 days of being admitted 
to treatment. 

(b) Individual treatment plans for psychiatric 
and substance abuse patients shall be developed 
in partnership with the patient or individual act- 
ing in behalf of the patient. Clinical responsibil- 
ity for the development and implementation of 
the plan shall be clearly designated. Minimum 
components of the comprehensive treatment 
plan shall include diagnosis and time specific 
short and long term measurable goals, strategies 
for reaching goals, and staff responsibility for 
plan implementation. The plan shall be revised 
as medically or clinically indicated. 

(c) Progress notes shall be entered in each in- 
dividual's record. Included is information which 
may have a significant impact on the individual's 
condition or expected outcome such as family 
conferences or major events related to the pa- 
tient. Progress notes shall be recorded each shift 
for any inpatient psychiatric or substance abuse 
services, and on a per visit basis for outpatient 
psychiatric and substance abuse services. 

(d) For each individual to whom substance 
abuse services are provided, a written plan for 
aftercare services shall be developed which mini- 
mally includes: 

(1) plan for delivering aftercare services, in- 
cluding the aftercare services which are 
provided; and 



(2) provision for agreements with individuals 
or organizations if aftercare services are 
not provided directly by the facility. 

Statutory Authority G.S. 131E-79. 

.0917 COMPLIANCE WITH STATUTORY 
REQUIREMENTS 

(a) Facilities providing psychiatric or substance 
abuse services shall develop procedures to ensure 
the rights of psychiatric and substance abuse pa- 
tients in accordance with North Carolina statutes 
addressing the rights of psychiatric and substance 
abuse patients. Statutes addressing such rights 
are as follows: 

(1) G.S. 122C-51. Declaration of policy on 
clients' rights; 

(2) G.S. 122C-52. Right to confidentiality; 

(3) G.S. 122C-53. Exceptions; client; 

(4) G.S. 122C-54. Exceptions; abuse reports 
and court proceedings; 

(5) G.S. 122C-55. Exceptions; care and 
treatment; 

(6) G.S. 122C-56. Exceptions; research and 
planning; 

(7) G.S. 122C-57. Right to treatment and 
consent to treatment; 

(8) G.S. 122C-58. Civil rights and civil 
remedies; 

(9) G.S. 122C-59. Use of corporal punish- 
ment; 

(10) G.S. 122C-60. Use of physical restraints 
or seclusion; 

(11) G.S. 122C-61. Treatment rights in 
24-hour faculties; 

(12) G.S. 122C-62. Additional rights in 
24-hour facilities; 

(13) G.S. 122C-65. Offenses relating to cli- 
ents; and 

(14) G.S. 122C-66. Protection from abuse 
and exploitation: reporting. 

(b) With the exception of the specific require- 
ments in 10 NCAC 3C .0918, .0919 and .0920, 
facilities providing psychiatric or substance abuse 
services which have been accredited by the Joint 
Commission on Accreditation of Healthcare Or- 
ganizations will be deemed to be in compliance 
with 10 NCAC 14P-14S addressing the rights of 
psychiatric and substance abuse patients. 

(c) Faculties providing psychiatric or substance 
abuse services which are not accredited by the 
Joint Commission on Accreditation of 
Healthcare Organizations are subject to the re- 
quirements in 10 NCAC 14P-14S. 

(d) Facilities providing psychiatric or substance 
abuse services shall develop procedures to protect 
confidentiality of information regarding 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1119 



PROPOSED RULES 



communicable disease and conditions in compli- 
ance with G.S. 130A-143. 

Statutory Authority G.S. 13IE-79. 

.0918 SAFE ENVIRONMENT 

Each hospital shall ensure that each patient lives 
and receives care in a safe environment. Em- 
ployees and volunteers shall protect patients from 
harm, abuse, neglect and exploitation in accord- 
ance with G.S. 122C-66. 

Statutory Authority G.S. 13IE-79. 

.0919 SECLUSION, RESTRAINT AND 
ISOLATION TIME OUT 

(a) Each hospital shall develop policies and 
implement procedures for employing the use of 
seclusion, restraint and isolation time out. 

(b) Each hospital must develop specific safe- 
guards for any intervention that presents a sig- 
nificant risk to a patient. 

Statutory Authority G.S. J3/E-79. 

.0920 REVIEW PROCEDURES 

Each hospital shall establish procedures which 
shall include, but not be limited to, review of 
methods and procedures for protection of pa- 
tients' rights; review of all human rights issues; 
review of the use of seclusion, restraint and iso- 
lation time-out; and review of all cases of alleged 
patient abuse. 

Statutory Authority G.S. 131E-79. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 



l\otice is hereby given in accordance with G.S. 
1 50B-12 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 NCAC 15 
.0006. 

1 he proposed effective date of this action is April 
1, 1991. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 14, 1991 at the 3rd Floor Hear- 
ing Room. Dobbs Building, 430 N. Salisbury 
Street, Raleigh, N. C. 27611. 



Cc 



-omment Procedures: Written comments may 
be sent to Janis Curtis, N. C. Medical Database 
Commission, 3901 Barrett Drive, Raleigh, A'. C. 
27609. Oral presentations may be made at the 



public hearing. Anyone having questions should 
call Janis Curtis at (919) 733-7141 or Ellen K. 
Sprenkel at (919) 733-4700. 

CHAPTER 15 - MEDICAL DATABASE 
COMMISSION 

.0006 DATA SUBMISSION 

(a) Data Submission Requirements: 

(1) At a minimum, hospitals shall submit the 
required data within 45 calendar days fol- 
lowing the close of the calendar quarter 
during which the patient was discharged 
or died; therefore, data for the calendar 
quarters ending March 31, June 30, Sep- 
tember 30, and December 31 shall be 
submitted on or before May 15, August 
14, November 14, and February 14, re- 
spectively. However, hospitals may sub- 
mit data more frequently during the 
calendar quarter in which the patient was 
discharged or died. 

(2) Upon receipt of a written request for an 
extension from the data provider, the 
commission may, for good cause, extend 
the time for submitting data for a partic- 
ular reporting period. 

(b) Format for Data Submission; 

(1) All hospitals may submit L'B-82 discharge 
data to the commission on one of three 
acceptable types of media: on paper 
LB-82 forms, on a magnetic tape, or on 
a personal computer (PC) diskette. Other 
types of media used to submit the re- 
quired data, such as on-line transmission, 
must be approved by the commission. 

(2) On and after July j^ 1991, each hospital 
with 1 ,000 or more annual discharges, as 
reported on the most current hospital 
licensure application, must submit the re- 
quired L'B-82 discharge data on one of the 
acceptable electronic media specified in 
this Rule and in the format as required by 
the Commission. An exemption will be 
considered bv the Commission if the hos- 
pital can demonstrate that it lacks the 
technical capability and computer re- 
sources to produce the required data elec- 
tronically. The request for exemption 
must be made in writing by the hospital's 
chief executive officer and received bv the 
Commission no later than June 15. 1991. 
Each hospital granted an exemption must 
submit an annual certification signed by 
the hospital's chief executive officer 
vertifving that the hospital continues to 
meet the exemption criteria. The annual 
certification form received from the Com- 



1120 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



mission must be returned to the Com- 



mission no later than July J_ of each year. 

(3) (4) The physical specifications of the mag- 
netic tape shall be any size reel, recorded 
in nine track, Extended Binary Coded 
Decimal Interchange Code (EBCDIC) 
mode or ASCII, with density equal to 
1600 BPI or 6250 BPI, unlabeled or with 
IBM standard labels. Acceptable specifi- 
cations for submission of data on a floppy 
disk shall be 5 1/4 inch IBM- PC compat- 
ible diskette. 

(3) (4) Data submitted via magnetic tape shall 
conform to the uniform record layout as 
required by the commission. Data sub- 
mitted via PC diskette shall also conform 
to a uniform record layout as required by 
the commission. Copies of the required 
format may be obtained by contacting the 
Executive Director of the Medical Data- 
base Commission at the Department of 
Insurance, Post Office Box 26387, 
Raleigh, North Carolina, 27611. 
(c) Edit Criteria: 

(1) Data elements that are considered critical 
fields for record editing purposes are Pa- 
tient Control Number, Bill Type, 
Medicaid Provider Number, Zip Code, 
Date of Birth, Sex, Admission Date, Ad- 
mission Type, Source of Admission, Pa- 
tient Status, Statement Covers Period, 
Revenue Codes and Charges, Primary 
Payer, Principal Diagnosis, Attending 
Physician Identification. Records con- 
taining invalid UB-82 codes or all-blank 
fields for any of these data elements will 
be designated as error records. 

(2) The last revenue code listed must be 001, 
Total Charge, and this charge must equal 
the sum of charges for all other revenue 
codes reported. 

(3) The following data elements must contain 
valid codes if present: Primary Payer - 
Specific Carrier Identification, Other Di- 
agnoses, Principal Procedure Code and 
Date, Other Procedure Codes and Dates, 
Other Physician Identification (if a proce- 
dure was performed). 

(4) Upon completion of the data error as- 
sessment, the commission or the desig- 
nated contractor shall promptly notify 
each hospital whose records do not pass 
the critical edit checks. This notification 
shall identify the discharge records and the 
data items within them which do not pass 
the edits. Each hospital receiving an error 
notification report shall respond within 30 



calendar days of the notification by mak- 
ing the necessary changes. 
(5) Upon receipt of a written request for an 
extension from the data provider, the 
commission may, for good cause, extend 
"the time for submitting the necessary 
changes for a particular reporting period. 

(d) Data Submission Arrangements: 

(1) Each hospital or its designated agent shall 
submit the required UB-82 data directly 
to the commission or to the designated 
contractor. 

(2) Resubmissions of data as required by the 
commission or upon the initiative of a 
hospital will be accepted for the purposes 
of adding records, amending data elements 
or otherwise making modifications to a 
previous data submission. Resubmissions 
shall conform to the requirements of 1 1 
NCAC 15 .0006(b). 

(e) Reimbursement for Data Submission: 

Eor UB-82 discharge records generated 
solely for submission to the commission due 
to the absence of a third party payer, hospi- 
tals shall be reimbursed 40 cents ($ .40) per 
discharge, regardless of the choice of me- 
dium for submission. 

Statutory Authority G.S. 131E-212(b). 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

1\ otice is hereby given in accordance with G.S. 
1 SOB- J 2 that the Division of Environmental Man- 
agement (Environmental Management Commis- 
sion) intends to amend rules cited as ISA XCAC 
2B .0216. 

1 he proposed effective dale of this action is June 
1, 1991. 

1 he public hearing will be conducted at 8:00 
p.m. on January 24, 1991 at the Courtroom 1, E. 

W. Summer sill Building, (Sew County Court- 
house), 109 Old Bridge Road, Jacksonville, NC. 

C^- ommenl Procedures: A otice is hereby given 
of a public hearing to be held by the North 
Carolina Department of Environment, Health, and 
Natural Resources on behalf of the Environmental 
Management Commission (EMC) concerning 
modifications to the State's surface water quality 
classifications and standards rules as follows. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1121 



PROPOSED RULES 



This public hearing is being held for the purpose 
of receiving public comment on the proposal to 
modify the surface water classifications and 
standards rule for Outstanding Resource Waters 
(Title 15A XCAC 2B .0216). The EMC previ- 
ously had approved changes to the subject rules 
during 1989. Most of these changes were made 
as part of a federally mandated review of water 
quality standards that must be completed every 
three years, known as the Triennial Review. Some 
revisions to Sorth Carolina's Outstanding Re- 
source Waters rule were adopted at the EMC's 
Julv 13, 1989 meeting. Additional changes to the 
Outstanding Resource Waters rule were adopted 
at the September 14, 1989 meeting. Several issues 
which were originally addressed during the public 
hearing proceedings for these rules changes have 
remained unresolved, as described briefly, below. 

There are two types of changes being proposed. 
The first type consists of simply correcting mis- 
takes, such as typographical errors, that have oc- 
curred during the rulemaking administrative 
process. The second type involves clarifying the 
EMC's clearly intended procedure for implement- 
ing marina requirements as was stated in the 
public record (but not in rules, at the time) during 
the rulemaking proceedings for reclassifying 
coastal Outstanding Resource Waters (see the 
proposed amendments for the Outstanding Re- 
source Waters rule, ISA XCAC 2B .0216). The 
proposed amendments will not result in any 
changes in current policy or operating procedures. 
If adopted, these rules should become effective 
June 1, 1991. 

Comments, data, statements and other informa- 
tion may be submitted in writing prior to, during 
or within thirty (30) days after the hearing or may 
be presented verbally at the hearing. So that all 
persons desiring to speak may do so, statements 
may be limited to three minutes at the discretion 
of the hearing officer. The statutory authority for 
these actions is as follows: N.C. General Statutes 
143-214.1; 215.3(a)(1) and' (3). Further infor- 
mation on the final proposals may be obtained by 
writing or calling: Gregory J. Thorpe, Ph.D.; Di- 
vision of Environmental Management; P.O. Box 
27687; Raleigh, Sorth Carolina 27611; (919) 
733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 



SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 

.0216 OUTSTANDING RESOURCE WATERS 

(c) Quality Standards for ORW. 

(1) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strategies 
to protect resource values will be devel- 
oped on a site specific basis during the 
proceedings to classify waters as ORW. 
At a minimum, no new discharges or ex- 
pansions of existing discharges will be 
permitted, and stormwater controls for all 
new development activities requiring a 
Sediment Erosion Control Plan will be 
required as follows: 

(A) Low Density Option: Developments 
which limit single family developments to 
one acre lots and other type developments 
to 12 percent built-upon area, have no 
stormwater collection system as defined in 
15A NCAC 2H .1002(13), and have 
built-upon areas at least 30 feet from sur- 
face water areas will be deemed to comply 
with this requirement. Activities con- 
forming to the requirements described in 
15A NCAC 2H .1003(a) except for 15A 
NCAC 2H .1003(a)(2). (3) will also be 
deemed to comply with this requirement. 

(B) High Density Development: Higher 
density developments will be allowed if 
stormwater control systems utilizing wet 
detention ponds as described in 15A 
NCAC 2H .1003(i), (k) and (1) are in- 
stalled, operated and maintained which 
control the runoff from all built-upon 
areas generated from one inch of rainfall. 
The size of the control system must take 
into account the runoff from any pervious 
surfaces draining to the system. 

More stringent requirements may be required by 
the Environmental Management Commission on 
a site specific basis. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. Management strategies to 
protect resource values will be developed 
on a site-specific basis during the pro- 
ceedings to classify waters as ORW. At 
a minimum, new development will com- 
ply with the low density options as speci- 
fied in the Stormwater Runoff Disposal 
rules [ 44 L5A NCAC 2H .1003 (a)(2)] 
within 575 feet of the mean hiah water 



1122 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



line of the designated ORW area. New 
non-discharge permits will be required to 
meet reduced loading rates and increased 
buffer zones, to be determined on a case- 
by-case basis. No dredge or fill activities 
will be allowed where significant shellfish 
or submerged aquatic vegetation bed re- 
sources occur, except for maintenance 
dredging, such as that required to main- 
tain access to existing channels and facili- 
ties located within the designated areas or 
maintenance dredging for activities such 
as agriculture. A public hearing is man- 
datory for any proposed permits to dis- 
charge to waters classified as ORW. 
Additional actions to protect resource values will 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will 
be specified in Paragraph (e) of this Rule. These 
actions may include anything within the powers 
of the commission. The commission will also 
consider local actions which have been taken to 
protect a water body in determining the appro- 
priate state protection options. Descriptions of 
boundaries of waters classified as ORW are in- 
cluded in Paragraph (e) of this Rule and in the 
Schedule of Classifications (15A NCAC 2B .0302 
through .0317) as specified for the appropriate 
river basin and will also be described on maps 
maintained by the Division of Environmental 
Management, 
(e) Listing of Waters Classified ORW with 
Specific Actions. Waters classified as ORW with 
specific actions to protect exceptional resource 
values are listed as follows: 

(5) In the Following designated waterbodies, 
the only type of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas, except those 
with less than 30 slips, having no boats 
over 21 feet in length and no boats with 
heads. The only new or expanded 
NPDES permitted discharges that will be 
allowed will be non-domestic, non- 
process industrial discharges. 
In the following designated waterbodies, 
no new or expanded NPDES permitted 
discharges and no new or expanded 
marinas will be allowed, except those with 
less than 30 slips, having no boats over 
21 feet in length and no boats with heads. 



(6) 



iV otice is hereby given in accordance with G.S. 
I SOB- 12 that the Commission for Health Services, 
Department of Environment, Health, and Natural 
Resources intends to amend rules cited as J5A 
NCAC ISA .1720, .1957, .2601, .2604 - .2605, 
.2607 - .2610, .2612 - .2619, .2623 - .2635, .2637 

- .2638, .2640 - .2641, .2643, 2701 - .2702, .2704 

- .2706, .2708, .2710 - .2712, .2714, .2716, .2718, 
.2720, .2722 - .2725; 15 A NCAC 21 D .0706; re- 
peal rule(s) cited as 15A NCAC 18 A .2501 - 
.2507; and adopt rules cited as 15A NCAC 18 A 
.2508 - .2537. 

1 he proposed effective date of this action is May 
1, 1991. 

1 he public hearing schedule for the Commission 
is as follows: 

January 15, 1991 

10:00 a.m. 
Ground Floor Hearing Room 

Archdale Building 

512 North Salisbury Street 

Raleigh, North Carolina 

January 16, 1991 

2:00 p.m. 

A uditorium 

New Hanover County Health Department 

2029 South 17th Street 

Wilmington, North Carolina 

January 23, 1991 

2:00 p.m. 

A uditorium 

Rankin Health Center 

1200 Blythe Boulevard 

Charlotte, North Carolina 



Cc 



Statutory Authority G.S. 143-214.1. 



•k-k-k-k-k-k-k-k-k-k-kk-k-k-k-k-k-k 



omment Procedures: Any person may request 
copies of the proposed rules by contacting John 
P. Barklev, DEHNR. P.O. Box 27687, Raleigh, 
NC 27611-7687, (919) 733-7247. Written com- 
ments on these rules may be sent to Mr. Barklev 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least 3 days prior 
to the public hearing. At the discretion of the 
Chairman, the public may also be allowed to 
comment on the rules at the Commission meeting. 
Fiscal notes on applicable rules are available from 
Mr. Barkley. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 
SLBCHAPTER 18A - SANITATION 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1123 



PROPOSED RULES 



SECTION .1700 - PROTECTION OF WATER 
SUPPLIES 

.1720 WATER SUPPLIES 

(a) All water supplies for which requirements 
are established in Rules in 15A NCAC 18A shall 
be water supplies of a safe, sanitary quality sup- 
plied from a source located, constructed, main- 
tained and operated in accordance with 15A 
NCAC 18C, £60$ through r&m "Rules Gov- 
erning Public Water Supplies", ef and 15A 
NCAC 2C .0102, .0107, .0109, .0111, .0112, and 
.0113, "Well Construction Standards". All wells 
constructed prior to September 1, 1990 and not 
regulated under 15A NCAC 18C Mm through 
.2600 shall comply with all of the requirements 
of 15A NCAC 2C .0102, .0107, .0109, .0111, 
.0112, and .0113, except that the following shall 
apply in the place of Rule .0107 (a)(1)(B), 
(a)(1)(C) and (a)(2) and shall be accepted as 
meeting the rules: 

(1) the well is located at least 25 feet from any 
watertight sewage or liquid waste col- 
lection and disposal facility, such as 
ductile iron pipe; and 

(2) the well may be located closer than 100 
feet from any other sewage or liquid waste 
collection and disposal facility or any 
other source of existing or potential pol- 
lution or contamination, but shall be lo- 
cated at the maximum feasible distance 
from such facilities or sources and in no 
event less than 50 feet from such facilities 
or sources. 

Statutory Authority G.S. 95-225; 130A-5(3); 
130A-228; 130A-230; 130A-235; I30A-236; 
130 A- 248; 130 A- 257. 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1957 DESIGN CRITERIA FOR DESIGN OF 
ALTERNATIVE SEWAGE SYSTEMS 

(d) Individual aerobic sewage treatment units 
(Alls) shall be sited, designed, constructed and 
operated in accordance with this Rule to serve a 
design unit with a design flow rate of u£ to 1500 
gallons per day, as determined in Rule . 1949(a) 
or .1949(b) of this Section. All s shall not be 
used, however, where wastes contain high 
amounts of grease and oil, 
and food service facilities. 

influent wastewater shall be similar to domestic 
sewage with Biological Oxygen Demand (BOD) 
and suspended solids not to exceed 300 parts per 
million. ATUs shall comply with the current 
requirements of the National Sanitation Foun- 



such as restaurants 
The strength of the 



dation (NSF) Revised Standard Number 40 for 
Class I sewage treatment plants, and shall bear 
the NSF seal, the NSF listed model number and 
the serial number assigned to the manufacturer's 
plans and specifications approved by the state. 
NSF Standard 4(1 tor Individual Aerobic 
Wastewater Treatment Plants is hereby adopted 
by reference in accordance with G.S. 150B- 14(c). 
AT Us may only be permitted where the unit 



shall be operated and maintained by a certified 

wastewater treatment facility operator employed 

by or under contract to the county in which the 

unit is located, and in accordance with this Rule. 

( 1) AT Us shall be constructed and installed 

in accordance with the plans which have 

been approved by the state and shall 

comply with all requirements of this Rule. 

Procedures for plan review and approval 

shall be in accordance with Rule .1953 of 



this Section. 



(21 



The rated capacity of ATUs listed as 
complying with NSF Standard 40 shall 
not be less than the design daily flow as 
determined by Rule .1949(a) or .1949(b). 
(3) The following are minimum standards of 
design and construction of ATUs: 

(A) Blockouts in concrete unit inlet 
openings shall leave a concrete thickness 
not less than one inch in the plant wall. 
Inlet and outlet blockouts shall be made 
for a minimum of four inch pipe and a 
maximum of six inch pipe. No blockouts 
or openings shall be permitted below the 
unit liquid level. 

(B) The inlet in the unit shall be a straight 
pi£e. 

(C) 1 he invert of the outlet shall be at least 
two inches lower in elevation than the in- 
vert of the inlet. 



Interior baffle walls in concrete units 



shall be reinforced by the placing of six- 
inch by six-inch No. 10 gauge welded re- 
inforcing wire. The reinforcing wire shall 
be bent to form an angle of 90 degrees on 

a leg not less 



the ends in order to form 
long 



than four inches k 



When the wire is 



placed in the mold, the four inch legs shall 
lav parallel with the side wall wire and 
adjacent to it 
(E) Access openings shall be provided in 
the tank top. Access shall be provided for 
cleaning or rodding out the inlet pipe, for 
cleaning or clearing air or gas passage 
spaces, an entrance for inserting the 
suction hose in compartments required to 
be pumped out, for sampling the effluent, 
and for access to repair or maintain any 
system components requiring repair and 



1124 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



maintenance. All access openings shall 
have risers sealed to the to£ of the tank 
and extended at least to six inches above 
finished grade and designed and main- 
tained to prevent surface water inflow. 
Rule . 1950(i) of this Section shall also be 
met. 

(F) Concrete units shall be constructed in 
accordance with Rule .1954(a)(9), (10), 
(11) and (12) and .1954(b)(4) of this Sec- 
tion. 

(G) Fiberglass reinforced plastic units shall 
be constructed with materials capable of 
effectively resisting the corrosive influ- 
ences of the liquid components of sewage, 
sewage gases, and soil burial. 



Underground Petro- 



(jj Units shall have the following mini- 
mum physical properties: 



Ultimate tensile 
strength: 



12,000 psi, when 
tested in accordance 



with 
Test 



ASTM D-638, 



for Tensile 



Flexural 
strength: 



Properties of Plastics. 



when 



19.000 
tested in accordance 
with ASTM D-790, 
Test for Flexural 
Properties of Plastics 
and Flectrical Insulat- 
ing Materials. 



Flexural mod ulus 
of elasticity: 



800,000 psi, when 
tested in accordance 
with ASTM D-790. 



The above referenced 
ASTM standards are 
hereby adopted by- 
reference in accord- 
ance with G.S. 



150B-14(c). 

Vacuum test: Unit must withstand 
negative pressure of 
2.5 psi (69.3 inches of 
water) without 

leakage or failure, 
when tested in ac> 
cordance with ASTM 



D-4021, 
Specifications 
Glass- Fiber 
forced 



Standard 

for 

Rein- 

Polvester 



leum Storage Tanks. 



Physical properties of at least one plant 
of each size class shall be determined 
by an independent testing laboratory, in 
accordance with the applicable ASTM 
standards, with results included with the 
specifications provided to the state for 
approval, 
(ii) Composition of the finished unit shall 
be at least 30 percent fiberglass re- 
inforcement by weight. Minimum wall 
thickness shall be one-fourth inch. 



iii) Interior and exterior surfaces shall 



have no exposed fibers or projections, 
no blisters larger than one-fourth inch 
in diameter, and no pores or indenta- 
tions deeper than one-sixteenth inch. 
The tank shall be watertight. 

(FT) Prefabricated units other than precast 
reinforced concrete or fiberglass reinforced 
plastic units shall be approved on an in- 
dividual basis as determined by the infor- 
mation furnished by the designer which 
indicates the unit will provide equivalent 
effectiveness as reinforced concrete or 
fiberglass reinforced plastic units. 

(I) All units produced shall bear an imprint 
identifying the manufacturer, serial num- 
ber assigned to the manufacturer's plans 
and specifications approved by the state, 
and the liquid or working capacity of the 
unit. The imprint shall be located to the 
right of the blockout or opening made for 
the outlet pipe on the outlet end of the 
tank. All units shall also be permanently 
marked with the date of manufacture ad- 
jacent to the unit imprint or on the top 
of the tank directly above the imprint. 

(J) The design, construction, and operation 
of the unit shall prevent bypass of 
wastewater. 

(K) All electrical circuits to the unit shall 
be provided with manual circuit discon- 
nects within a watertight, corrosion- 
resistant, outside enclosure (Nl'.MA 4X 
or equivalent) adjacent to the unit 
securely mounted at least 12 inches above 
the finished grade. Control panels pro- 
vided by the manufacturer shall be in- 
stalled in a watertight, corrosion-resistant 
enclosure (NEMA 4X or equivalent) ad- 
jacent to the unit or on the side of the fa- 
cility readily visible from the unit and 
accessible by maintenance personnel. 
Conductors shall be conveyed to the dis- 
connect enclosure and control panel 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1125 



PROPOSED RULES 



through waterproof, gasproof, and 
corrosion-resistant conduits. Splices and 
wire junctions, if needed, shall be made 
outside the unit in a watertight, 
corrosion-resistant enclosure (NEMA 4X 
or equivalent) securely mounted adjacent 
to the unit at least 12 inches above the 
finished grade. Wire grips, duct seal, or 
other suitable material shall be used to 
seal around wire and wire conduit 
openings inside the unit and disconnect 
enclosure. The unit shall have a warning 
device or devices to warn the user of a unit 
malfunction or a high water condition. 
The alarm shall be audible and visible by 
system users and weatherproof if installed 
outdoors in an enclosure (NEMA 4X or 
equivalent). The warning and alarm cir- 
cuit or circuits shall be supplied ahead of 
any unit electrical control circuit overload 
and short circuit protective devices. 

(4) Prctreatment in a settling tank shall be 
required prior to an ATU serving a design 
unit with a design daily flow greater than 
500 gallons, as determined in Rule 
.1949(a) or .1949(b) of this Section. The 
liquid capacity of the settling tank shall 
be at least equal to this design daily flow. 
This tank may either be a state-approved 

prefabricated septic tank or another tank 
specially designed for a specific individual 
aerobic sewage treatment plant and ap- 
proved by the state along with the plans 
for the plant. 

(5) Ground absorption systems receiving 
effluent from approved AT Us may be 
used on sites classified as suitable or pro- 
visionally suitable for conventional, mod- 
ified, or alternative systems in accordance 
with this Section. The following modifi- 
cations to siting and design criteria shall 
be acceptable: 

(A) the minimum horizontal setback re- 
quirements of Rule .1950(a) of this Sec- 
tion shall be met, except as follows: 
(i) Any private water supply source, ex- 
cept any uncased well or spring 50 

feet. 

(ii) Streams classified as WS-1 70 feet. 

(iii) Waters classified as SA 70 feet. 

(iv) Other coastal waters 35 feet. 

(v) Any other stream, canal, marsh, or 

other surface waters 35 feet. 

(vi) Any Class I or Class II 

reservoir 70 feet, from normal pool 

elevation. 



(vii) Any permanent storm water re- 
tention pond 35 feet, from flood 

pool elevation. 

(viii) Any other lake or pond 35 feet, 

from normal pool elevation. 
(B) The minimum vertical separation re- 
quirements of Rules ,1955(m), .1956(1), 
.1956(2), .1956(6), .1957(b)(1), and 
.1957(b)(2) shall be met, except as fol- 
lows: 

(i) For any conventional or modified 
system to be installed where the sepa- 
ration between the bottom of the 
nitrification trench and any soil wetness 
condition is a[ least 12 inches, but less 
than 18 inches, and if more than six 
inches of this separation consists of 
Group I soils, a low-pressure pipe sys- 
tem shall not be required. 
(ii) The restriction in Rule ,1956(6)(a)(v) 
that saprolite be overlain by at least one 
foot of suitable or provisionally suitable 
naturally occurring soil shall not apply, 
(iii) For new fill systems, the requirement 
in Rule ,1957(b)( 1) that no soil wetness 
condition shall exist within the first 12 
inches below the naturally occurring 
soil surface may be met by the use of a 
ground water lowering system which 
meets the requirements of Rule .1956(2) 
of this Section. 

Furthermore, a low pressure pipe sys- 
tem shall not be required for the mini- 
mum separation distance between the 
trench bottom and any unsuitable soil 
horizon, rock, or saprolite to be reduced 
to J_8 inches and the minimum sepa- 
ration distance requirements between 
the trench bottom and any soil wetness 
condition to be reduced to J_2 inches 
without the use of a low-pressure pipe 
system, 
(iv) For existing fill systems, the require- 
ment of Rule .1957(b)(2)(D) of this 
Section that the nitrification trenches 
be installed with at least 36 inches 



arating the trench bottom and any soil 
wetness condition or any unsuitable soil 
horizon, rock, or saprolite may be met 
without the use of a low-pressure pipe 
system. I Iowever, if a low-pressure 
pipe system is used, this minimum sep- 
aration distance may be reduced to 18 
inches. 



(C) The maximum long-term acceptance 
rate may be increased bv 25 percent tor 
any ground absorption system in soils 
which are Groups I or II with suitable 



1126 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



structure and clay mineralogy. No other 
reductions in linear footage of nitrification 
trench or system area shall be applied, 
except where based on an adjusted design 
daily sewage flow rate granted for a non- 
residential establishment in accordance 
with Rule .1949(c) of this Section. 
(6) Prior to issuance of an improvement per- 
mit for an ATU, the county shall have on 
its staff or by_ contract a wastewater treat- 
ment facility operator(s) who is certified 
by the Wastewater Treatment Plant Op- 
erators Certification Commission to op- 
erate the unit. 

The manufacturer or his licensed repre- 
sentative must certify that the unit has 
been properly installed and a contract 
covering operation and maintenance shall 
have been executed between the unit 
owner and the county prior to the issu- 
ance of an operation permit. 
A condition of the operation permit shall 
be that a properly executed contract be- 
tween the unit owner and the county shall 
be in effect for as long as the system is in 
use. Inspection 'maintenance shall be 
performed by the county's certified 
operator(s) at the frequency specified in 
Table V(b). 

A further condition of the operation per- 
mit shall be that the unit continue to per- 



121 



form in accordance with Class I effluent 
quality requirements of the National San- 
itation Foundation (NSF) Revised 
Standard Number 40 effective on the date 
the improvement permit was issued. 
Performance monitoring shall be carried 
out by the operator. 

(A) During each inspection, the operator 
shall confirm proper mechanical perform- 
ance, conduct a visual check for unusual 
color, clogging, oily film, odors and foam, 
measure settleable aeration chamber sol- 
ids, and ascertain the need for solids pump 
out, filter backwash/cleaning, and other 
maintenance activities. The ground ab- 
sorption system shall also be inspected 
and proper performance determined. The 
operator shall take the necessary steps to 
assure that needed maintenance is carried 
out. 

(B) Semi-annually, samples will be taken 
and analyzed by a state-approved 
wastewater testing laboratory of the 
effluent for Biological Oxygen Demand, 
Suspended Solids, and pH, and of the 
aeration tank for mixed liquor suspended 
solids. 



(C) Performance monitoring results shall 
be reported to the local health department 
and the state quarterly. 

Statutory Authority G.S. J30A-335(e) and (f); 
130A-342. 

SECTION .2500 - INTERIM PUBLIC 
SWIMMING POOLS 

.2501 DEFINITIONS (REPEALED) 

.2502 PUBLIC SWIMMING POOL OPERATION 

PERMITS (REPEALED) 
.2503 INSPECTIONS (REPEALED) 
.2504 DESIGN AND CONSTRUCTION 

STANDARDS (REPEALED) 
.2505 WATER QUALITY STANDARDS 

(REPEALED) 
.2506 REVOCATION OF PERMITS (REPEALED) 
.2507 APPEALS (REPEALED) 

Statutory Authority S.L. 1 989, c. 577. 

.2508 DEFINITIONS 

The following definitions shall apply through- 
out this Section: 

(1) Equipment replacement means replacement 
of individual components of the hydraulic 
and disinfection systems such as pumps, fil- 
ters, and automatic chemical feeders. 

(2) Public swimming pool means public 
swimming pool as defined in G.S. 130A-280. 
Public swimming pools are divided into 
three types: 

(a) Swimming pools are all public swimrning 
pools except spas and wading pools. 

(b) Spas are special facilities designed for rec- 
reational and therapeutic use which are 
not drained, cleaned, or refilled after each 
individual use. Spas may include, but not 
be limited to, units designed for hydrojet 
circulation, hot water, cold water mineral 
bath, air induction bubbles, or any com- 
bination thereof. Common terminology 
for spas includes "therapeutic pool", 
"hydrotherapy pool", "whirlpool", "hot 
spa", and "hot tub". 

(c) Wading pools are small, shallow swim- 
ming pools not more than 18 inches deep ' 
designed for use by children. 

(3) Remodeled means renovations requiring 
disruption of major portions of the pool 
shell or deck, changes in the pool profile, or 
redesign of the pool hydraulic system. Re- 
modeled does not include equipment re- 
placement or repair. 

(4) Repair means repair of existing equipment, 
replastering or repainting of the pool inte- 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1127 



PROPOSED RULES 



rior, replacement of tiles or coping and sim- 
ilar maintenance activities. 

Statutory Authority G.S. 130A-282. 

.2509 PLAN REVIEW AND APPROVAL 

(a) For public swimming pools which are 
constructed or remodeled on or after May 1, 
1991, plans and specifications shall be prepared 
by a registered professional engineer or registered 
architect, and shall be approved by the Depart- 
ment prior to construction. 

(b) The Department shall approve, disapprove, 
or provide written comments on plans and spec- 
ifications for public swimming pools within 30 
days of their receipt. If such action is not taken 
within 30 days, the plans and specifications shall 
be deemed approved. 

(c) If construction is not initiated within one 
year from the date of approval, the approval shall 
be voided. 

(d) Prior to issuance of the operation permit, 
the owner shall submit to the local health de- 
partment a statement signed by a licensed con- 
tractor, registered architect, or a registered 
professional engineer stating that construction is 
complete and in accordance with approved plans 
and specifications and approved modifications. 
Periodic observations of construction and a final 
inspection for design compliance by the certifying 
licensed contractor, registered architect, or regis- 
tered professional engineer or his representative 
shall be required for this statement. 

Statutory Authority G.S. 130A-282. 

.2510 PL BLIC SWIMMING POOL 
OPERATION PERMITS 

(a) No public swimming pool shall commence 
or continue operation on or after May 1, 1990, 
unless the owner or operator has an operation 
permit issued by the Department for each public 
swimming pool. Unless suspended or revoked, 
the operation permit shall be valid for the period 
of operation specified in the application but in 
no event shall it be valid for more than 12 
months. For public swimming pools which are 
constructed or remodeled on or after May 1, 
1991, plans and specifications shall have been 
approved by the Department in accordance with 
Rule .2509. Compliance with the design and 
construction requirements in Rules .2512 - .2534 
and approval of plans and specifications shall not 
be required for public swimming pools con- 
structed or remodeled prior to May 1, 1991. 

(b) On or after May 1, 1991, equipment re- 
placement shall comply with Rules .2512 - .2534 
and shall be approved by the Department prior 



to installation. However, for swimming pools 
with existing turnover rates of less than four 
times in 24 hours, wading pools with existing 
turnover rates of less than 12 times in 24 hours, 
and spas with existing turnover rates of less than 
48 times in 24 hours, pumps are not required to 
comply with Rule .2518 of this Section. Repairs 
do not require prior approval by the Department. 

(c) These Rules shall not apply until May 1, 
1992 to public swimming pools in counties or 
districts where a local board of health has 
adopted rules prior to July 5, 1989 that establish 
public swimming pool standards. On or after 
May 1, 1992, all public swimming pools must 
meet these Rules. Construction, remodeling, or 
equipment replacement permitted under local 
rules prior to May 1, 1992 shall not be required 
to meet the design and construction requirements 
of these Rules. 

(d) A separate application for an operation 
permit must be submitted for each public swim- 
ming pool. The owner or operator shall apply 
annually to the Department for an operator's 
permit. A form must be obtained from the De- 
partment to provide the following information: 

(1) the owner's name, address, and phone 
number; 

(2) the operator's name, address, and phone 
number; 

(3) street address of the public swimming 
pool; 

(4) the physical location of the public swim- 
ming pool; 

(5) type of public swimming pool; 

(6) construction date; 

(7) proposed operating dates; 

(8) type of disinfection; 

(9) other pertinent information. 

Statutory Authority G.S. 130A-282. 

.2511 INSPECTIONS 

Each public swimming pool shall be inspected 
by the Department at least once during the pe- 
riod of operation to determine compliance with 
the rules of this Section. 

Statutory Authority G.S. 130A-282. 

.2512 WATER SLPPLY 

(a) The water supply serving the swimming 
pool and all plumbing fixtures including drinking 
fountains, lavatories, toilets, and showers, shall 
meet all requirements in 15A NCAC 18A .1700 
or be an approved public water supply in ac- 
cordance with 15A NCAC 18C. However, the 
Department may approve the use of water from 



112s 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



natural sources, including the use of saline water, 
for the swimming pool. 

(b) Portions of the water distribution system 
serving the swimming pool and auxiliary facilities 
shall be protected against backflow. Water in- 
troduced into the pool, either directly or by the 
circulation system, shall be supplied through an 
air gap (American National Standards Institute 
Al 12. 1.2-1979), a pipe-applied atmospheric vac- 
uum breaker (ANSI/American Society of Sani- 
tary Engineering No. 1001-1971), a pressure type 
anti-siphon vacuum breaker (ANSI/ASSE No. 
1020-1976), or a reduced-pressure principle 
backflow preventer (ASSE No. 1013-1979, 
American Water Works Association No. 
C506-1978), or equivalent. 

(c) Whenever an over-the-rim spout is used to 
introduce water into the swimming pool, it shall 
be shielded so as not to create a hazard. The 
open end of the spout shall have no sharp edges, 
shall not protrude more than two inches (5.1 cm) 
beyond the edge of the pool and shall be at least 
two pipe diameters above the deck or pool over- 
flow level. The over-the-rim spout shall be lo- 
cated under the diving board or within six inches 
of a ladder or handrail. 

Statutory Authority G.S. /30A-282. 

.2513 SEWAGE SYSTEMS AND OTHER 
WASTEWATER DISPOSAL 

(a) Sewage shall be disposed of in a public 
sewer system or, in the absence of a public sewer 
system, by an approved, properly operating san- 
itary sewage system. 

(b) There shall be no direct physical connection 
between the sewer system and any drain from the 
swimming pool or circulation system. Any 
swimming pool, deck drain or overflow from the 
circulation system, when discharged to the sewer 
system, storm drain or other approved natural 
drainage course, shall be discharged through a 
suitable air gap so as to preclude the possibility 
of back flow of sewage or other waste water into 
the swimming pool or the swimming pool piping 
system. Deck drain and overflow and backwash 
water discharged to the land surface or 
drainageways must comply with Environmental 
Management Commission Rule 15A NCAC 2H 
.0131. For purposes of this Rule, water from 
outside rinse showers shall not be considered 
sewage. 



to man, impervious, permanent, and enduring; 
which can withstand design stresses and which 
can provide a water-tight tank with a smooth and 
cleanable surface. Use of vinyl liners shall be 
prohibited. 

(b) Corners formed by intersection of walls and 
floors shall be coved. 

(c) Sand or earth bottoms shall be prohibited 
in swimming pool construction. 

(d) Pool finish, including bottom and sides, 
shall be of white or light colored material. 

(e) Pool surfaces in areas which are intended 
to provide footing for bathers including steps, 
ramps, and pool bottoms in areas with water less 
than three feet deep, shall be designed to provide 
a slip-resistant surface. 

Statutory Authority G.S. 130A-282. 

.2515 DESIGN DETAILS 

(a) Pools shall be designed and constructed to 
withstand all anticipated loadings for both full 
and empty conditions. 

(b) A hydrostatic relief valve shall be provided 
for in-ground swimming pools unless a gravity 
drainage system is provided. 

(c) Provisions shall be made for complete, 
continuous circulation of water through all areas 
of the swimming pool. Swimming pools shall 
have a circulation system with approved treat- 
ment, disinfection, and filtration equipment as 
required in these Rules. 

(d) The minimum depth of water in the swim- 
ming pool shall be three feet (0.91 m) except for 
special purpose swimming pools or for restricted 
or recessed areas in swimming pools which are 
set aside primarily for the use of children and 
handicapped persons. Such areas when included 
as part of the swimming pool shall be separated 
from the swimming pool proper by a safety line 
supported by buoys and attached to the side 
walls. Wading facilities for infants and small 
children shall be physically separated from the 
swimming pool. 

(e) The maximum depth at the shallow end of 
the swimming pool shall be 3.5 feet (1.07 m) ex- 
cept for competitive or special purpose swim- 
ming pools. 

(f) Connections for safety lines shall be recessed 
in the walls in a manner which presents no haz- 
ard to swimmers. 



Statutory Authority G.S. I30A-282. 



Statutory Authority G.S. 130A-282. 



.2514 MATERIALS OF CONSTRLCTION 

(a) Pools and appurtenances shall be con- 
structed of materials which are inert, non-toxic 



.2516 POOL PROFILE 

(a) The vertical walls shall not exceed 1 1 de- 
grees from plumb. . Intersections of walls and 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1129 



PROPOSED RULES 



floor shall be radiused. Hopper bottomed pools 
shall be prohibited. 

(b) Safety ledges shall be prohibited. 

(c) Underwater seats and benches may be in- 
stalled in areas of the pool less than 3Vi feet 
deep, provided they protrude no more than 18 
inches into the pool; they are clearly marked by 
a contrasting color band on the leading edge; and 
that the deck is marked to indicate the presence 
of the underwater seat or bench. 

(d) The slope of the bottom of any portion of 
any public swimming pool having a water depth 
of less than five feet (1.52 m) shall not be more 
than one foot vertical change in 10 feet (10 cm 
in one meter) of horizontal distance and the slope 
shall be uniform. 

(e) In portions of pools with water depths 
greater than five feet (1.52 mj, the slope of the 
bottom shall not be more than one foot vertical 
in three feet (33.3 cm in one meter) of horizontal 
distance. 

(f) Design of diving areas shall be in accordance 
with Table 1A and B of Rule .2517 of this Sec- 
tion. 

(g) Pools intended for diving shall conform to 
the minimum water depths, areas, slopes, and 
other dimensions shown in Table 1A and B in 
Rule .2517 of this Section. If a wall exists, then 
it shall conform with the 3:1 slope in the Point 
D dimension and the LI -2-3-4 dimensions. 

Statutory Authority G.S. 130A-282. 

.2517 DIVING EQUIPMENT 

(a) "When diving equipment is installed, it shall 
be located in the diving area of the pool so as to 
provide the rninimum dimensions as shown in 
Table 1A and B of this Rule and shall conform 
to the following specifications: 

(1) Diving equipment shall be designed for 
swimming pool use and shall be installed 
in accordance with the manufacturer's 
recommendations. 

(2) Installation instructions and specifications 
shall be provided with each unit. 

(3) A label shall be permanently affixed to the 
diving equipment and shall include: 

(A) manufacturer's name and address; 

(B) board equipment length: 

(C) identification as to diving board; 

(D) fulcrum setting specifications if appli- 
cable. 

(4) Diving equipment shall have slip-resistant 
tread surfaces. 



(b) The tip of the diving equipment shall be 
located at Point "A" in Table 1A. 

(c) There shall be a completely unobstructed 
clear vertical distance of thirteen feet above any 
diving board measured from the center of the 
front end of the board. This area shall extend 
horizontally at least eight feet behind, eight feet 
to each side, and sixteen feet ahead of Point A in 
Table 1A. 

Table 1A 



Maximum 

Board 

Length 


Maximum 
Board Height 
Above Water 


10 


20" or less 


12 


20" to 30" 


16 


1 Mtr 


16 


3 Mtrs 



Board 

Overhang 
(Pt. A) 

Max. Min. 


Minimum Water 
Depths 

Dl D2 D3 


4' 


2'6" 


7'9" 


S'6" 


8'0" 


5' 


40" 


S'0" 


9'0" 


8'3" 


6' 


50" 


8'6" 


9'3" 


8'6" 


6' 


5 0" 


11 '6" 


12'0" 


1L6" 



KEY TO ABBREVIATIONS: 



Pt A is the point on the water line of the pool 
directly beneath the end of the diving board. 

Dl is the depth of the water measured from the 
water line to the beginning of the radius con- 
necting the end wall with the floor at the deep 
end of the pool. 

D2 is the depth of the water at the deepest point 
in the pool. 

D3 is the depth of the water at the point where 
the deep end of the pool meets the transition to 
the shallow end of the pool. 



1130 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



Table IB 



Maximum 

Board 

Length 

10 



12 



16 



16 



L6 is the length of the shallow end of the pool. 

F is the distance between the side wall of the pool 
and the centerline of the diving board. 

G is the distance between the center lines of two 
adjacent diving boards. 

(d) Public pools with diving facilities in excess 
of three meters in height, or pools designed for 
platform diving, shall be approved on a case-by- 
case basis. 



Horizontal Distances 
LI L2 L3 L4 L5 L6 


3' 


7 


5'0" 


9'0" 


24' 


6' 


3' 


7 


10'3" 


9'9" 


30' 


4' 


5' 


5' 


11 '6" 


10'6" 


32' 


4' 


5' 


5' 


7'6" 


19'6" 


37' 


3' 



Minimum 

Pool 

Width 


Minimum 
Separation 
Distances 

F G 


16' 


8' 


10' 


20' 


10' 


10' 


24' 


12' 


10' 


28' 


14' 


12' 



KEY TO ABBREVIATIONS: 

LI is the radius of the curve connecting the side 
wall to the floor at the deep end of the pool. 

L2 is the distance between the center of the ra- 
dius connecting the end wall to the floor at the 
deep end of the pool and the deepest point in the 
pool. 

L3 is the distance between the deepest point in 
the pool and the beginning of the transition to 
the shallow end of the pool. 

L4 is the length of the shallow end of the pool. 

L5 is the total of LI + L2 + L3 + L4. 



Statutory Authority G.S. I30A-282. 

.2518 CIRCULATION SYSTEM 

(a) Pools shall be equipped with a circulation 
system. 

(b) The capacity of the circulation system shall 
be sufficient to clarify and disinfect the entire 
volume of swimming pool water four times in 24 
hours. The system shall be operated 24 hours 
per day during the operating season. 

(c) The piping of the circulation system shall 
be designed and installed so that the main drain 
or drains, and the lines from the perimeter over- 
flow system or the automatic surface skimmers 
shall be connected to the suction line of the cir- 
culation pump. 

(d) The circulation piping shall be designed and 
installed with the necessary valves and pipes so 
that the flow from the swimming pool can be 
from main drains or the surface overflow system. 
The circulation piping shall be designed such the 
flow of water from the swimming pool can be 
simultaneous from the surface overflow system 
and the main drains. Skimmer piping shall be 
sized to handle the maximum flow rate for the 
required number of skimmers, but in no case less 
than 50 percent of the design flow rate. Perime- 
ter overflow system piping shall be sized to han- 
dle 50 per cent of the design flow rate. The main 
drain piping shall be sized to handle 50 per cent 
of the design flow rate. 

(e) Piping shall be designed to reduce friction 
losses to a minimum and to carry the required 
quantity of water at a maximum velocity not to 
exceed six feet (1.83 m) per second for suction 
piping and not to exceed 10 feet (2.44 m) per 
second for discharge piping except for copper 
pipe where the velocity shall not exceed eight feet 
per second. Piping shall be of non-toxic mate- 
rial, resistant to corrosion, and able to withstand 
operating pressures. Exposed pipes and valves 
shall be identified by a color code or labels. 

(f) The circulation system shall include a 
strainer to prevent hair, lint, and other debris 
from reaching the pump. A spare basket shall 



5:18 NORTH CAROLINA REGISTER December 14. 1990 



1131 



PROPOSED RULES 



be provided. Strainers shall be corrosion- 
resistant with openings not more than V* inch 
(6.4 mm) in size which shall provide a free flow 
area at least four times the cross-section area of 
pump suction line and shall be accessible readily 
for daily cleaning. 

(g) A Vacuum cleaning system shall be pro- 
vided to remove debris and foreign material 
which settles to the bottom of the swimming 
pool. Pools with more than two skimmers shall 
be provided with a vacuum cleaning system 
which is an integral part of the circulation sys- 
tem. Connections shall be located at intervals 
sufficient to reach the entire pool with a 50 foot 
hose. Skimmer vacuums may be used in pool 
with two or fewer skimmers provided the 
skimmer basket remains in place while the vac- 
uum is in operation. The vacuum cleaning sys- 
tem shall be provided with valves and protective 
caps. 

(h) A rate-of-flow indicator, reading in liters 
or gallons per minute, shall be installed on the 
filtered water line and located so that the rate of 
circulation is indicated. The indicator shall be 
capable of measuring flows which are at least 1 l A 
times the design flow rate, shall be accurate 
within 10 per cent of true flow, and shall be easy 
to read. The indicator shall be installed in ac- 
cordance with manufactured specifications. 

(i) A pump or pumps shall be provided with 
adequate capacity to turn over the swimming 
pool water four times in 24 hours, and shall be 
so located as to eliminate the need for priming. 
If the pump or pumps, or suction piping is lo- 
cated above the overflow level of the pool, the 
pump or pumps shall be self-priming. The 
pump or pumps shall be capable of providing a 
flow adequate for the backwashing of filters. 
Unless headloss calculations are provided by the 
designing engineer, pump design shall be based 
on an assumed total dynamic head of 65 feet of 
water. Pumps three horsepower or smaller shall 
be NSF listed. Larger pumps for which NSF 
listing is not available shall be approved on a case 
by case basis. 

(j) Inlets. 

(1) Inlets shall be provided and arranged to 
produce a uniform circulation of water 
and maintain a uniform disinfectant resi- 
dual throughout the pool. 

(2) There shall be a minimum of four inlets 
for the smallest swimming pool. The 
number of inlets shall be based on one 
inlet for each 15 feet of perimeter, whether 
placed in the wall or in the floor. 

(3) When wall inlets are used, they shall be 
placed on 15 foot centers around the per- 
imeter. When floor inlets are used, they 



shall be spaced throughout the pool to 
accomplish a uniform recirculation. 

(4) Provision shall be made to permit adjust- 
ment of the flow through each inlet, either 
with an adjustable orifice or provided with 
replaceable orifices to permit adjustments 
of the flows. 

(5) Wall inlets shall be submerged at least 
eight inches below the operating water 
level. 

(k) Drains. 

(1) Swimming pools shall be provided with 
at least two main drain outlets which shall 
be located at the deepest section of the 
pool and connected by "T" piping. 
Connecting piping shall be of the same 
diameter as the main drain pipe. The 
drain(s) shall be capable of permitting the 
pool to be emptied completely. Drains 
shall be spaced not more than 30 feet (9.1 
m) apart, and not more than 15 feet (4.6 
m) away from the side walls. Other sys- 
tems which require suction outlets shall 
be provided with two drains with "T" 
connection pipe. 

(2) If the suction outlet system, such as a 
filtration system, booster system, auto- 
matic cleaning system, or solar system, 
has a single suction outlet, or multiple 
suction outlets which can be isolated by 
valves, each suction outlet shall protect 
against bather entrapment in accordance 
with this Section. 

(3) Outlet drain gratings shall have a total area 
of at least four times the area of the dis- 
charge pipe and shall be designed so as 
not to be readily removed by or create any 
hazard to bathers. 

(4) The outlet grate open area shall be such 
that when maximum flow of water is be- 
ing pumped through the floor outlet, the 
velocity through the open grate shall not 
be greater than one and one-half feet per 
second. Outlet grates shall be anchored 
and openings in grates shall be slotted and 
the maximum dimension of slots shall not 
be more than one-half inch. Where outlet 
fittings consist of parallel plates, of the 
anti-vortex type where the water enters 
the fittings from the sides, rather than 
through a grating facing upward, entrance 
velocities may be increased to six feet per 
second. 

(1) Surface Overflow Systems. 

(1) Swimming pools shall be provided with a 

surface overflow system which shall be an 

integral part of the circulation system and 

which shall consist of either a built -in - 



1132 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



place perimeter overflow system, a pre- 
fabricated perimeter overflow system, 
and/or recessed automatic surface 
skimmers. 

(2) Whenever a built-in-place perimeter over- 
flow system or a re-fabricated perimeter 
overflow system is provided, it shall be 
designed and installed as follows: 

(A) The system shall be capable of handling 
50 percent of the circulation flow (based 
upon the required turnover rate--See Sec. 
D-9.02) without the overflow troughs be- 
ing flooded for any appreciable period of 
time; 

(B) A surge capacity shall be provided ei- 
ther in the system or by use of a surge 
tank; and the total surge capacity shall be 
at least equal to one gallon per square foot 
(41L per square meter) of swimming pool 
water surface area; 

(C) The water level of the swimming pool 
shall be maintained at, or slightly higher, 
than the level of the overflow rim of their 
perimeter overflows, except for the time 
needed to transfer all of the water which 
may be in the surge capacity back into the 
swimming pool after a period of use; pro- 
vided that this transfer time shall not be 
greater than 20 minutes; 

(D) When installed the tolerance of the 
overflow rim shall not exceed V« inch (6.4 
mm) as measured between the highest 
point and the lowest point of the overflow 
rim; 

(E) During quiescence, the overflow system 
shall be capable of providing continuously 
and automatically a skimming action to 
the water at the surface of the swimming 
pool; 

(F) The overflow troughs shall be installed 
completely around the perimeter of the 
swimming pool, except at steps, recessed 
ladders and stairs; 

(G) The exposed surfaces of the overflow 
trough shall be capable of providing a firm 
and safe hand-hold; and 

(H) The overflow trough shall be cleanable 
and shall be of such configuration as to 
minimize accidental injury. 

(3) Whenever a recessed automatic surface 
skimmer or skimmers are installed, they 
shall be designed and constructed in ac- 
cordance with Section 8 of the National 
Sanitation Foundation's Standard No. 50 
for circulation system components for 
swimming pools, spas, or hot tubs, which 
is hereby adopted by reference in accord- 
ance with G.S. 150B- 14(c) or equivalent, 



pertaining to recessed automatic surface 
skimmers and they shall be installed as 
follows: 

(A) The flow-through rate through any one 
recessed automatic surface skimmer shall 
be between 20 and 30 gallons per minute 
and not less than four gallons per minute 
per lineal inch (1.49 L per minute per 
centimeter) of skimming weir when the 
skimmer system is operated under its 
normal operating mode; piping shall be 
sized to allow a flow of 30 gallons per 
minute. 

(B) There shall be at least one recessed au- 
tomatic surface skimmer for each 400 
square feet (46 sq. m) of water surface area 
of the swimming pool or fraction thereof; 

(C) When two or more recessed automatic 
surface skimmers are required, they shall 
be so located as to minimize interference 
with each other and as to insure proper 
and complete slamming of the entire 
swimming pools water surface; 

(D) Skimmers shall not protrude into the 
swimming pool. Automatic surface 
skimmer or skimmers without a perimeter 
overflow system, shall be installed so that 
the operating level of the pool is no more 
than nine inches below the finished deck 
level so that the deck can be used as a 
handhold. 

(m) Where flooded suction on the pump is not 
possible to prevent cavitation and loss of prime; 
skimmers shall have a device or other protection 
to prevent air entrainment in the suction line. 
The inlet to the equalizer line shall be provided 
with a grate. 

(n) Nothing in this Section shall preclude the 
use of a roll-out or deck-level type of swimming 
pool. Such designs shall conform to the general 
provisions relating to surface overflow systems. 
The design of the curb and handhold shall con- 
form to accepted standards, and approval by the 
Department shall be based on detailed review of 
this feature of construction and evaluated in the 
light of proposed use of the swimming pool. 

(o) Nothing in this Section shall preclude the 
use of a surface overflow system which combines 
both a perimeter overflow system and a recessed 
automatic surface skimmer or skimmers. 

Statutory Authority G.S. 130A-282. 

.2519 FILTERS 

(a) All swimming pools shall be equipped with 
a filtration system for the purpose of clarifying 
the swimming pool water; said filtration system 
shall be an integral part of the circulation system 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1133 



PROPOSED RULES 



and shall consist of one or more units of sand 
type filters, of diatomacious earth type filter, or 
of cartridge type filters. 

(b) All filter units shall be designed and con- 
structed in accordance with Section 5 of the Na- 
tional Sanitation Foundation's Standard No. 50, 
or equivalent. 

(c) When a sand type fdter or fdters is installed 
on a swimming pool, it may be either a gravity 
or a pressure sand type fdter, and it may be either 
a standard-rate sand type fdter which shall be 
designed for fdtration rates not in excess of three 
gallons per minute per square foot (122 L per 
minute per square meter) of sand bed area, or a 
high-rate sand type fdter which shall be designed 
for filtration rates not in excess of 15 gallons per 
minute per square foot (612 L per minute per 
square meter) of sand bed area. 

(d) When a sand type filter is installed on a 
swimming pool, it shall be designed and installed 
such that it may be backwashed at a rate not less 
than 15 gallons per minute per square foot (612 
L per minute per square meter) of fdter bed area 
or at a rate recommended by the manufacturer. 
The backwash water shall be discharged to waste. 
A sight glass or other means for viewing the 
clarity of the backwash water shall be provided. 

(e) If the sand type fdter is designed to be op- 
erated in conjunction with a coagulant, a chemi- 
cal feeder shall be provided for adding the 
coagulant ahead of the filters. 

(f) When a diatomaceous earth type fdter is 
installed on a swimming pool, it may be either a 
pressure or vacuum type and it may be designed 
to operate either with or without continuous 
body feed. Diatomaceous earth fdters which 
operate with continuous body feed shall be de- 
signed for fdtration rates not in excess of 2.5 gal- 
lons per minute per square foot (102 L per 
minute per square meter) of fdter area; and 
diatomaceous earth filters which operate without 
continuous body feed shall be designed for 
filtration rates not in excess of two gallons per 
minute per square foot (82 L per minute per 
square meter) of fdter area. 

(g) When a diatomaceous earth type fdter is 
installed on a swimming pool, it shall be designed 
and installed with provisions for cleaning by one 
or more of the following methods: 

( 1 ) backwashing at two gallons per minute per 
square foot minimum; 

(2) air-bump-assist backwashing; 

(3) spray wash, (either mechanical or manual); 
or 

(4) agitation. 

(h) The water used in cleaning a diatomaceous 
earth type fdter shall be discharged to waste, or 
in a manner approved by the Department. 



(i) When a cartridge type fdter is installed on a 
swimming pool, it shall be designed for fdtration 
rates not in excess of 0.375 gallons per minute 
per square foot ( 1 5 L per minute per square me- 
ter) of effective fdtration area. 

(j) When a cartridge type fdter is installed on a 
swimming pool, it shall be designed and installed 
with provisions being provided for cleaning or 
replacement as recommended by the manufac- 
turer. Two sets of filter cartridges shall be pro- 
vided to facilitate the cleaning and drying of one 
set whde the fdter is operating. 

(k) All fdters on swimming pools shall be de- 
signed and installed so as to provide easy acces- 
sibdity for cleaning, operating, maintaining, and 
servicing. All fdter tanks shall be so positioned 
as to provide adequate circulation of air beneath 
and around all sides, when necessary, to reduce 
corrosion and to facditate cleaning. Whenever 
fdter tanks are installed in the ground (i.e. 
buried), provisions shall be made so that the 
tanks are protected against corrosion and are in- 
stalled in accordance with the recommendations 
of the manufacturer. 

(1) Fdters on swimming pools shall be 
equipped with an approved type pressure gauge 
or gauges. 

(m) Fdters on swimming pools shall be de- 
signed and installed with ad the necessary valves 
and piping which may be needed to drain the 
fdters completely. 

(n) AH pressure fdters on swimming pools shall 
be designed and installed with an air-relief valve 
or valves which shad be located at or near the 
high point of the fdters. 

Statutory Authority G.S. I30A-282. 

.2520 CHEMICAL FEEDERS 

Chemical feeders as may be required to main- 
tain the microbiological, chemical, and physicial 
characteristics of the swimming pool water 
within prescribed limits shad be NSF listed. The 
use of chlorine gas for disinfection of public 
swimming pools is prohibited. 

Statutory Authority G.S. 130A-282. 

.2521 LADDERS, RECESSED STEPS, AND 
STAIRS 

(a) If the vertical distance from the bottom of 
the swimming pool to the deck is over two feet 
(0.61 m), recessed steps, stairs, or ladders shad 
be provided at the shadow end of ad swimming 
pools. Recessed steps or ladders shad be pro- 
vided at the deep portion of ad pools; and, d the 
swimming pool is over 30 feet (9.14 m) wide, 
such recessed steps or ladders shad be instaded 



1134 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



on each side near the deep end. At least one 
ladder per recessed steps shall be provided in the 
shallow area for each 75 feet of shallow even 
perimeter, or fraction thereof. Where stairs are 
provided in the shallow area of the pool, one 
ladder may be deleted in the shallow area for each 
stairway provided. 

(b) Pool Stairs - The design and construction 
of protruding and recessed pool stairs shall con- 
form to the following: 

(1) Stair treads shall have a minimum unob- 
structed horizontal depth of 10 inches, 
and a minimum unobstructed surface area 
of 240 square inches. 

(2) Risers at the centerline of the treads shall 
have a maximum uniform height of 12 
inches, with the bottom riser height al- 
lowed to vary plus or minus two inches 
from the uniform riser height. 

(3) Each set of stairs shall be provided with 
at least one handrail to serve all treads and 
risers. 

(A) Handrails, if removable, shall be in- 
stalled in such a way than they cannot be 
removed without the use of tools. 

(B) The leading edge of handrails facilitat- 
ing stairs and pool entry/exit shall be no 
more than 18 inches, plus or minus three 
inches, horizontally from the vertical 
plane of the bottom riser (where applica- 
ble). 

(C) The outside diameter of handrails shall 
be between one inch and one and nine- 
tenths inches. 

(4) Contrasting color bands or lines at least 
two inches wide shall be applied to the 
front edge of stair treads. 

(5) Swimming pool ladders shall be 
corrosion-resistant and shall be equipped 
with slip-resistant treads. All ladders shall 
be so designed as to provide a handhold 
and shall be installed rigidly. There shall 
be a clearance of not more than five 
inches (12.7 cm), nor less than three 
inches (7.6 cm), between any ladder and 
the swimming pool wall. If the steps are 
inserted in the walls; or if step holes are 
provided, they shall be of such design that 
they may be cleaned easily and shall be 
arranged to drain into the swimming pool 
to prevent the accumulation of dirt 
thereon. Step holes shall have a mini- 
mum tread of five inches (12.7 cm) and a 
minimum width of 14 inches (35.6 cm). 

(6) When step holes or ladders are provided 
within the swimming pool, there shall be 
a handrail at each side extending over the 



coping or edge of the deck. Ramps and 
stairs, including recessed steps, shall have 
at least one handrail. 
(7) When a diving board, or boards, are pro- 
vided on swimming pools; supports, plat- 
forms, and steps for such diving board or 
boards shall be of substantial con- 
struction, and of sufficient strength to 
carry safely the maximum anticipated 
loads. Steps shall be of corrosion- 
resistant material, easy-to-clean, and of 
slip-resistant design. Handrails shall be 
provided at all steps and ladders leading 
to diving boards which are one meter or 
more above the water. 

Statutory Authority G.S. BOA-282. 

.2522 DECKS 

(a) Outdoor swimming pools shall have a 
continuous deck extending completely around 
the swimming pool. The width of the deck or 
walkway shall provide at least six feet of clear 
walking space at all points. If the swimming area 
of the pool is 1600 square feet or longer, at least 
eight feet of clear walking space is required. 

(b) Indoor swimming pools shall have a con- 
tinuous deck or walkway extending completely 
around the swimming pool. The width of the 
deck shall provide at least five feet of clear walk- 
ing space at all points. 

(c) Wading pools shall have a continuous deck 
extending completely around the wading pool. 
The width of the deck or walkway shall provide 
at least four feet of clear walking space at all 
points. 

(d) Spas shall have a continuous deck extend- 
ing at least one-half way around the spa. The 
width of the deck or walkway shall provide at 
least four feet of clear walking space at all points. 

(e) Whenever a diving board or slide is installed 
on a swimming pool, there shall be at least five 
feet (1.52 m) of unobstructed deck behind the 
diving board or slide. 

(f) .All deck areas and walkways shall be sloped 
at a grade of % inch to Vi inch per foot to a deck 
drain or sheet drain to deck edge. Deck drains 
shall not be connected to the circulation system 
in any manner. 

(g) All decks and walkways shall have a slip- 
resistant, impervious surface; except that non- 
porous resilient artificial recreational surfaces 
may be used if approved by the Department. 

Statutory Authority G.S. 1 30 A- 282. 

.2523 DEPTH MARKINGS AND SAFETY 
ROPES 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



1135 



PROPOSED RULES 



(a) On swimming pools, the depth of the water 
shall be marked plainly, at or above, the water 
surface on the vertical wall of the swimming pool 
where possible, and on the edge of the deck next 
to the swimming pool. Depth markers shall be 
placed at the following locations: 

(1) at the points of maximum and minimum 
depths; 

(2) at the point of change of slope between 
deep and shallow portions (transition 
point); 

(3) if the pool is designed for diving, at ap- 
propriate points as to denote the water 
depths in the diving area; 

(4) at both ends of the pool. 

(b) Depth markers shall be so spaced that the 
distance between adjacent markers is not greater 
than 25 feet (7.5 m) when measured peripherally. 

(c) Depth markers shall be in arabic numberals 
at least four inches (10 cm) high- and of a color 
contrasting with the background. Where depth 
markers cannot be placed on the vertical walls at 
or above the water level, other means shall be 
used; provided said markings shall be plainly 
visible to persons in the swimming pool. 

(d) A minimum of 'A inch diameter safety rope 
shall be provided, at or near, the break in grade 
between the shallow and diving portions of a 
public swimming pool, with its position marked 
with colored floats at not greater than a five foot 
spacing. 

Statutory Authority G.S. 130A-282. 

.2524 LIGHTING, VENTILATION, AND 
ELECTRICAL REQUIREMENTS 

(a) Electrical components of public swimming 
pools shall meet the requirements of the latest 
National Electrical Code (NEC) R, as published 
by the National Fire Protection Association, 
which are adopted by reference in accordance 
with G.S. 1 SOB- 14(c). 

(b) Artificial lighting shall be provided at all 
indoor and outdoor pools which are to be used 
at night, or when daylight is insufficient. 

(c) Lighting fixtures shall be of such number 
and design as to illuminate all parts of the pool, 
the water, the depth markers, and the entire pool 
area. 

(d) Fixtures shall be installed so as to create 
no hazards such as burning, electrical shock, 
mechanical injury, or temporary blinding by glare 
to the bathers, so that lifeguards, when provided, 
can clearly see every part of the pool area without 
being blinded by glare. The illumination shall 
be sufficient so that the floor of the pool can be 
seen at all times the pool is in use. 



(e) If underwater lighting is used, the illumi- 
nation of the water surface will be deemed suffi- 
cient if the underwater lights provide at least 0.5 
watts per square foot of water surface. 

(f) Where underwater lighting is employed, area 
lighting shall be provided for the deck area. 
Where underwater lighting is not employed, and 
night swimming is permitted, area and pool 
lighting combined shall be provided in an 
amount of not less than two watts per square 
foot of pool area. 

(g) Mechanical ventilation shall be required for 
all indoor pools. 

Statutory Authority G.S. 130A-282. 

.2525 HEATER AND TEMPERATURE 
REQUIREMENTS 

(a) Gas heaters must be American Gas Asso- 
ciation (AGA) design certified, display a rating 
data plate and AGA seal, and be certified as 
meeting the latest American National Standards 
Institute's (ANSI Z21.56) standard or other ap- 
plicable and equivalent standards. 

(b) Electric heaters shall be tested by a recog- 
nized agency and designed for the purpose in- 
tended. Current collectors having a separate 
ground shall be installed at each inlet and outlet 
of the" electric heater. 

(c) The maximum operating temperature of 
pool water shall never exceed 104 degrees 
Fahrenheit (40 degrees C). 

(d) A thermostatic control shall be provided for 
the water temperature which ensures that this 
limit will not be exceeded. Such control shall be 
accessible only to the operator. 

Statutory Authority G.S. 130A-282. 

.2526 DRESSING AND SANITARY FACILITIES 

(a) Dressing and sanitary facilities shall be 
provided at all pools; except for pools at hotels, 
motels, condominiums, and apartments where 
pool use is restricted to residents or guests. 

(b) Partitions between portions of the dressing 
room area, screen partitions, shower, toilet, and 
dressing room booths shall be of durable mate- 
rial; not subject to damage by water, and shall 
be designed so that a waterway is provided be- 
tween partitions and floor to permit thorough 
cleaning of the walls and floor areas with hoses 
and brooms. 

(c) Floors of the dressing facility shall be con- 
tinuous throughout the areas. Floors shall have 
a slip-resistant surface that shall be relatively 
smooth, to insure complete cleaning. Floor 
drains shall be provided, and floors shall be 



1136 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



sloped not less than % inch per foot toward the 
drains to insure positive drainage. 

(d) Three-fourths inch hose bibs shall be pro- 
vided such that all parts of the dressing facility 
interior can be reached with a 50 foot hose. 

(e) The minimum criteria for dressing and 
sanitary facilities shall be based upon the maxi- 
mum bather load. 

(f) One water closet combination, one lavatory, 
and one urinal shall be provided for the first 100 
male users. One additional water closet, 
lavatory, and urinal shall be provided for each 
additional 200 male users or major fraction 
thereof. 

(g) Two water closets and two lavatories shall 
be provided for the first 100 female users. One 
additional water closet and lavatory shall be pro- 
vided for each additional 100 female users or 
major fraction thereof. 

(h) Showers shall be provided in the proportion 
of one for each 50 persons at the time of maxi- 
mum bather load. 

(i) The water heater and thermostatically- 
controlled mixing valves, where used, shall be 
inaccessible to users. The system shall be de- 
signed such that water temperature at the shower 
heads and lavatories cannot exceed 110 degrees 
Fahrenheit. 

(j) Soap dispensers for providing either liquid 
or powdered soap shall be provided at each 
lavatory or inside shower. The dispenser shall 
be of all metal or plastic type, with no glass per- 
mitted in these units. 

(k) If mirrors are provided, they shall be of 
unbreakable materials. 

(1) Toilet paper holders shall be provided at 
each water closet combination. 

Statutory Authority G.S. /30A-282. 

.2527 SWIMMING POOL SLIDES 

All swimming pool slides installed at a public 
swimming pool shall be labeled for use in public 
pools, and shall be installed in accordance with 
manufacturer's instructions. 

Statutory Authority G.S. I30A-282. 



of chain link fences with a mesh size of 1 % 
inches or less is permitted; 

(2) A four foot (1.22 m) minimum height (from 
the inside and outside approach) is provided 
entirely around the swimming pool; 

(3) The horizontal space between vertical 
members of the enclosure shall not exceed 
four inches; there shall be at least 30 inches 
between any horizontal bottom rails or 
stringers and the next horizontal rails or 
stringers. 

(4) The height of any opening under the bot- 
tom of the enclosure shall not exceed two 
inches (5 cm); 

(5) Openings under and through a fringe or 
barrier with the gate(s) closed shall be sized 
so that a 454 inch diameter sphere cannot 
be passed through the openings; 

(6) All gates and doors shall be equipped with 
self-closing and positive self-latching closure 
mechanisms which shall be located at a 
height at least three feet, and shall be 
equipped with locking devices. Gates pro* 
vided to allow bathers access to the pool 
shall be located so as to open into the pool 
at a point where the water is less than five 
feet; and 

(7) Gates provided specifically for access to 
equipment rooms shall be locked at all times 
when not in use by the pool operator. 

Statutory Authority G.S. 130A-282. 

.2529 USER LOADING 

In determining the maximum number of per- 
sons allowed in the pool at any one time, the 
following criteria shall govern: 

(1) A minimum of 24 square feet of water sur- 
face area per person shall be provided in the 
diving area. Three hundred square feet of 
pool area around each diving board or plat- 
form shall not be included in computing this 
area for the purpose of determining the al- 
lowable bather load. 

(2) A minimum of 15 square feet of water sur- 
face area per person shall be provided in the 
shallow area. 



.2528 FENCES 

Swimming pools which are located outdoors 
shall be protected by a fence, wall, building, or 
other enclosure; or any combination thereof, 
which completely encloses the swimming pool 
area such that all of the following conditions are 
complied with: 

(1) Constructed so as to afford no external 
handholds or footholds. However, the use 



Statutory Authority G.S. I30A-282. 

.2530 SAFETY PROVISIONS 

(a) Swimming pools shall have lifesaving 
equipment conspicuously and conveniently on 
hand at all times that conforms with the follow- 
ing: 

(1) A light, strong pole not less than 12 feet 
long, including a body hook. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1137 



PROPOSED RULES 



(2) A minimum l A inch diameter throwing 
rope as long as one and one-half times the 
maximum width of the pool or 50 feet, 
whichever is less, to which has been firmly 
attached, a U.S. Coast Guard approved 
ring buoy. 

(3) A telephone with posted names and tele- 
phone numbers of the nearest available 
police, fire, ambulance service, rescue or 
911; if available. 

(b) When a public swimming pool does not 
have at least one lifeguard on duty, a sign shall 
be posted which has clearly legible letters of at 
least four inches (10 cm J in height stating: 
"WARNING-NO LIFEGUARD ON DUTY." In 
addition there shall be sisns readilv statins: 
"CHILDREN UNDER AGE SIXTEEN SHOULD 
NOT USE THE SWIMMING POOL WITHOUT 
AN ADULT IN ATTENDANCE", and: 
"ADULTS SHOULD NOT SWIM ALONE". Such 
signs shall be mounted permanently. 

Statutory Authority G.S. 130A-2S2. 

.2531 WADING POOLS 

Wading pools shall be designed by a registered 
professional engineer or registered architect, and 
shall meet all design specifications for swimming 
pools and wading pools included in Rules .2512 
- .2530 of this Section with the following ex- 
ceptions: 

( 1 ) No wading pool shall be directly or phys- 
ically attached to any swimming pool. 
Wading pools shall be designed and con- 
structed with the following characteristics: 

(2) Even' wading pool shall be equipped with 
a circulation system which is separate from, 
and independent of, the circulation system 
of the swimming pool. Such circulation 
system shall at least consist of; a circulating 
pump, piping, a filter, a rate-of-flow meter, 
a disinfectant feeder, two inlets, two main 
drains with "T" connecting piping, and one 
automatic surface skimmer. Individual 
components of a wading pool system must 
meet the criteria of Rule .2518 of this Sec- 
tion. 

(3) The capacity of the circulation system shall 
be capable of filtering and disinfecting the 
entire volume of water in the wading pool 
12 times in every 24 hours. 

(4) Wading pools shall be equipped with main 
drains located at the deepest point of the 
wading pool and covered by gratings which 
meet the requirements of Rule ,251S(k)(4) 
of this Section. 



(5) Wading pools shall be equipped with a 
surface overflow system capable of removing 
floating material. 

(6) Wading pools shall not be deeper than 18 
inches (61 cm) at the deepest point. 

(7) Wading pools' floor slope shall not exceed 
one foot in 12 feet. 

(8) Wading pools shall be located in the vi- 
cinity of the shallow end of the swimming 
pool, and shall be separated from the swim- 
ming pool by a fence or structure similar to 
that described in Rule .2528 of this Section; 
with an enclosure of at least three feet high 
which shall be equipped with self-closing 
and positive self-latching closure mech- 
anisms, and shall be equipped with perma- 
nent locking devices. 

(9) Wading pools shall be designed to provide 
at least ten square feet per child. 

(10) Depth markers shall not be required at 
wading pools. 

Statutory Authority G.S. 130 A- 282. 

.2532 SPAS AND HOT TUBS 

Spas and hot tubs shall be designed by a regis- 
tered professional engineer or registered architect, 
and shall meet all design specifications for swim- 
ming pools and wading pools included in Rules 
.2512 - .2530 of this Section with the following 
exceptions: 

(1) The circulation system equipment shall 
provide a turnover rate for the entire water 
capacity at least once every 30 minutes. 

(2) The arrangement of water inlets and out- 
lets shall produce a uniform circulation of 
water so as to maintain a uniform 
disinfectant residual throughout the spa. 

(3) A niinimum of two inlets shall be provided 
with inlets added as necessary to maintain 
required flowrate. 

(4) Water outlets shall be designed so that each 
pumping system in the spa (filter systems or 
booster systems if so equipped) provides the 
following: 

(a) Two bottom drains connected by "T" 
piping. Connecting piping shall be of the 
same diameter as the main drain outlet. 
Such drains shall be capable of emptying 
the spa completely. Bottom drains shall 
be equipped with antivortex plates that 
cannot be removed except with tools. 

(b) Filtration systems shall provide at least 
one surface skimmer per 100 square feet, 
or fraction thereof of surface area. 

(5) Piping shall be large enough to permit the 
rated flow for filterine and cleanina without 



1138 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



exceeding the total load developed by the 
pump at the rated flow. 

(6) The water velocity in spa or hot tub dis- 
charge piping shall not exceed ten feet per 
second (3.05 m/second); except for copper 
pipe where water velocity shall not exceed 
eight feet per second (2.44 m/second). 
Suction water velocity in any piping shall 
not exceed six feet per second (1.83 
m/second). 

(7) The recirculation system shall be a two- 
pump system. The first pump will provide 
the required turnover rate, filtration, and 
disinfection for the spa water. The second 
pump shall provide the water for the 
hydrotherapy turbulence of the water. Spa 
recirculation systems shall be separate from 
companion swimming pools. A single two- 
speed pump may be used to replace the two 
pump system provided the pump is designed 
and installed so as to provide for the re- 
quired turnover rate, nitration and disin- 
fection of the spa water at all times. The 
timer switch shall activate only the 
hydrotherapy portion of the pump. 

(8) A timer switch shall be provided for the 
hydrotherapy turbulence system with a 
maximum of 15 minutes on the timer. The 
switch shall be placed such that bathers 
must leave the spa to reach the switch. 

(9) The maximum operational water depth 
should be four feet (1.22 m) measured from 
the water line. 

(10) The maximum depth of any seat or sitting 
bench should be two feet (61 cm) measured 
from the waterline. 

(11) A minimum height between the top of the 
spa/hot tub rim and the ceiling shall be 7 Vi 
feet. 

(12) Depth markers shall not be required at 
spas. 

(13) Steps, step-seats, ladders or recessed treads 
shall be provided where spa and hot tub 
depths are greater than 24 inches (61 cm). 

(14) Contrasting color bands or lines shall be 
used to indicate breaks in the floor level of 
the hot tub or spa. 

(15) A spa or hot tub shall be equipped with 
at least one handrail (or ladder equivalent) 
for each 50 feet (15.2 m) of perimeter, or 
portion thereof, to designate points of entry 
and exit. 

(16) A caution sign shall be mounted adjacent 
to the entrance to the spa or hot tub. It 
shall contain the following warnings in let- 
ters at least Vi inch in height: 

(a) CAUTION: 



(b) -Pregnant women; elderly persons, and 
persons suffering from heart disease, 
diabetes, or high or low blood pressure 
should not enter the spa/hot tub without 
prior medical consultation and permission 
from their doctor; 

(c) -Do not use the spa/hot tub while under 
the influence of alcohol, tranquilizers, or 
other drugs that cause drowsiness or that 
raise or lower blood pressure; 

(d) -Do not use alone; 

(e) -Unsupervised use by children is prohib- 
ited; 

(f) -Enter and exit slowly; 

(g) -Observe reasonable time limits (that is, 
10-15 minutes), then leave the water and 
cool down before returning for another 
brief stay; 

(h) -Long exposure may result in nausea, 

dizziness, or fainting; 
(i) -Keep all breakable objects out of the area. 

(17) A sign shall be posted in the immediate 
vicinity of the spa or hot tub stating the lo- 
cation of the nearest telephone and indicat- 
ing that emergency telephone numbers are 
posted at that location. Those emergency 
telephone numbers shall include the name 
and telephone number of the nearest avail- 
able police, fire and/or rescue unit, physi- 
cian, ambulance service, and hospital. 

(18) A sign shall also be posted requiring a 
shower for each user prior to entering the 
spa or hot tub and prohibiting oils, body 
lotion, and minerals in the water. 

Statutory Authority G.S. 130A-282. 

.2533 EQUIPMENT ROOM 

(a) All filters, pumps, chemical feeding appa- 
ratus and other mechanical and electrical equip- 
ment shall be enclosed in a weatherproof 
structure with a minimum ceiling height of seven 
feet. The equipment room shall be separate from 
the enclosure of the swimming pool and shall be 
provided with a self-closing door with a perma- 
nent lock which must be kept locked when not 
in use by the pool operator. The equipment 
room door shall not open into the pool area. 

(b) Lighting to allow the operator to read all 
gauges and control devices shall be provided. 

(c) Valves and control devices shall be readily 
accessible and clearly visible. 

(d) Drainage in and around the equipment 
room shall preclude the possibility of water en- 
tering or accumulating on any interior surface of 
the enclosure. Equipment room floors shall be 
relatively smooth and shall be sloped not less 
than Vt inch per foot toward the drains. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1139 



PROPOSED RULES 



(e) Chemicals shall not be stored in the equip- 
ment room. 

(f) Forced, cross-draft ventilation which directs 
vented air away from the pool area is required. 
The switch for the ventilation equipment shall 
be connected to the switch for the equipment 
room light and shall be located outside of the 
door. 

(g) A permanent means of access shall be pro- 
vided to all equipment rooms. 

(h) A Vi inch hose bib with an approved 
backflow prevention device shall be provided in 
the equipment room. 

Statutory Authority G.S. 130A-282. 

.2534 CHEMICAL ROOM 

A separate chemical storage room which meets 
the following criteria shall be provided: 

(1) The chemical storage room shall be in a 
dry. weatherproof structure with a minimum 
ceiling height of seven feet. 

(2) The chemical storage room shall contain a 
minimum area of 24 square feet. 

(3) Forced, cross-draft ventilation which directs 
vented air away from the pool is required. 
The switch for the ventilation equipment 
shall be wired into the switch for the lights 
and shall be located outside of the door. 

(4) Walls, floors, ceilings, shelving, and doors 
shall be of impervious and non-combustible 
construction. 

(5) The chemical storage room shall not open 
into the pool area. 

(6) Chemical storage room shelving shall'be at 
least six inches above the floor. 

Statutory Authority G.S. 130A-282. 

.2535 WATER QUALITY STANDARDS 

Swimming pool water quality shall be main- 
tained in accordance with the following: 

( 1 ) The chemical quality of the water shall be 
maintained in and alkaline condition at all 
times with the pH between 7.2 and 7.8. 

(2) The clarity of the water shall be maintained 
such that the main drain grate is readily vis- 
ible from the pool deck at all times. 

(3) Disinfection shall be provided for all pools 
by a chemical or other process that meets 
the criteria listed as follows: 

(a) registered with the U.S. Environmental 
Protection Agency for pool water or 
potable water; 

(b) provides a residual effect in the pool water 
which can be measured by simple portable 
field test equipment; 



(c) will not impart any immediate or cumula- 
tive adverse physiological effects to pool 
bathers when used as directed; 

(d) will not produce any undue safety hazard 
when stored or used as directed; 

(e) will not damage or cause excessive wear 
of pool components or equipment. 

(4) When chlorine is used as the disinfectant, 
a free chlorine residual of at least one part 
per million (ppm) but no more than four 
parts per million and a pH of between 7.2 
and 7.8 shall be maintained throughout the 
pool whenever it is open or in use. Pools 
which use chlorine as the disinfectant must 
be stabilized with cyanuric acid except at 
indoor pools or where it can be shown that 
cyanuric acid is not necessary to maintain a 
stable free chlorine residual. 

(5) When bromine or compounds of bromine 
are used as the disinfectant, a free bromine 
residual of at least two parts per million, but 
no more than five parts per million between 
7.2 and 7.8 shall be maintained throughout 
the pool whenever it is open or in use. 

(6) Automatic chemical feeders that are NSF 
listed shall be used when chlorine, bromine, 
or compounds of bromine are used as a 
disinfectant. Feeders shall be installed in 
accordance with NSF standards. 

(7) When silver/cooper ion systems are used, 
the copper concentration in the pool water 
shall not exceed one part per million and a 
chlorine residual must be maintained in ac- 
cordance with Paragraph (4) of this Rule. 

(8) The use of chlorine in its elementral 
(gaseous) form for disinfection of public 
swimming pools is prohibited. Existing 
public swimming pools which were using 
elemental chlorine prior to May 1, 1991 will 
be allowed to continue the use of elemental 
chlorine until May 1, 1992 with the follow- 
ing provisions: 

(a) Chlorine cylinders and chlorinating 
equipment shall be in a separate well- 
ventilated room or rooms. Such room 
or rooms shall not be below ground level, 
and shall be provided with vents near the 
floor which terminate out-of-doors, the 
door of the room, or rooms, shall not 
open directly to the swimming pool area 
or enclosure, and shall open to the out- 
side. 

(b) Chlorine cylinders whether in use or in 
storage shall be anchored to prevent them 
from falling over, and shall be on a scale 
when in use. 

(c) A self contained air breathing apparatus 
suitable for use in high concentrations of 



1140 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



chlorine gas shall be provided, and such 
apparatus shall be stored in a special fa- 
cility located outside the room or rooms 
in which the chlorinator and/or the 
chlorine cylinders are located or through 
which conduits carrying chlorine gas may 
pass; further such storage facility shall be 
capable of being secured from theft or 
vandalism and shall be under supervision 
of personnel who have been especially 
trained in the use of such apparatus. 

(d) An emergency evacuation plan shall be 
provided to facilitate evacuation of all 
persons from the area in the event of a 
chlorine leak. The evacuation plan shall 
include escape routes to direct people 
from potential sources of chlorine to safe 
areas uphill or upwind of the hazard. 

(e) An attendant familiar with the evacuation 
plan shall be present at all times the pool 
is in use. 

Statutory Authority G.S. 130A-282. 

.2536 REVOCATION OF PERMITS 

The Department may suspend or revoke per- 
mits in accordance with G.S. 130A-23. 

Statutory Authority G.S. 130A-282. 

.2537 APPEALS 

Appeals shall be made in accordance with G.S. 
150B. 

Statutory Authority G.S. I30A-282. 

SECTION .2600 - SANITATION OF 

RESTAURANTS AND OTHER 

FOODHANDLING ESTABLISHMENTS 

.2601 DEFINITIONS 

The following definitions shall apply in the in- 
terpretation and enforcement of this Section: 

(1) "Approved" means determined by the 
Department to be in compliance with this 
Section. Food service equipment which 
meets National Sanitation Foundation 
standards or equal shall be considered as 
approved. Food which complies with re- 
quirements of the North Carolina Depart- 
ment of Agriculture or United States 
Department of Agriculture and the require- 
ments of this Section shall be considered as 
approved. 

(2) "Department of Environment, Health, and 
Natural Resources" or "Department" means 
the North Carolina Department of Envi- 
ronment, Health, and Natural Resources. 



The term also means the authorized repre- 
sentative of the Department. 

(3) "Drink stand" means and inoludoo those 
establishments in which only beverages are 
prepared on the premises and are served in 
containers (glasses, mugs, etc.) other than 
single-service containers. 

(4) "Eating and cooking utensils" means any 
kitchenware, tableware, glassware, cutlery, 
utensils, containers, or other equipment with 
which food or drink comes in contact during 
storage, preparation, or serving. 

(5) "Employee" means any person who han- 
dles food or drink during preparation or 
serving, or who comes in contact with any 
eating or cooking utensils, or who is em- 
ployed at any time in a room in which food 
or drink is prepared or served. 

(6) "Food" means any raw, cooked, or proc- 
essed edible substance, ice, beverage, or in- 
gredient used or intended for use or for sale 
in whole or in part for human consumption. 

(7) "Food stand" means those food service 
establishments which prepare or serve foods 
and which do not provide seating facilities 
on the premises for customers. Establish- 
ments which only serve such items as dip ice 
cream, popcorn, candied apples, or cotton 
candy are not included. 

(8) "Hermetically sealed container" means a 
container designed and intended to be secure 
against the entry of micro-organisms and to 
maintain the commercial sterility of its con- 
tents after processing. 

(9) "Local Health Director" means the ad- 
ministrative head of a local health depart- 
ment or his authorized representative. 

(10) "Mobile food unit" means a vehicle- 
mounted food service establishment de- 
signed to be readily moved. 

(11) "Person" means any individual, firm, as- 
sociation, organization, partnership, busi- 
ness trust, corporation, or company. 

(12) "Potentially hazardous food" means any 
food or ingredient, natural or synthetic, in a 
form capable of supporting the growth of 
infectious or toxigenic microorganisms, in- 
cluding Clostridium botulinum. This term 
includes raw or heat treated foods of animal 
origin, raw seed sprouts, and treated foods 
of plant origin. The term does not include 
foods which have a pH level of 4.6 or below 
or a water activity (Aw) value of 0.85 or less. 

(13) "Private club" means a private club as 
defined in G.S. 130A-247(2). 

(14) "Pushcart" means a solf propollod &f 
noncolf propollod vohiclo e» which food ©f 
drink may be prepared, handled, ef sorvod. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1141 



PROPOSED RULES 



mobile piece of equipment which serves 
only hot dogs and is to be propelled by the 
operator to the sales and service locations. 
The term does not include "motorized" ve- 
hicles except that operator propelled units 
that have been provided with small engines 
to assist operators in moving the unit are 
included. 

(15) "Renovation" or "remodelling" means 
structural changes in food preparation areas, 
the increase in seating capacity or the addi- 
tion of rooms, or changes related to the in- 
crease in seating capacity or the addition of 
rooms. 

( 16) (-14) "Responsible person" means the indi- 
vidual present in a food service establish- 
ment who is the apparent supervisor of the 
food service establishment at the time of in- 
spection. If no individual is the apparent 
supervisor, then any employee is the re- 
sponsible person. 

(17) (44) "Restaurant" means all establishments 
and operations where food is prepared or 
served at wholesale or retail for pay or, any 
other establishment or operation where food 
is prepared or served that is subject to the 
provisions of G.S. 130A-248. The term 
does not include establishments which only 
serve such items as dip ice cream, popcorn, 
candied apples, or cotton candy. 

( 18) (-4-3) "Sanitarian" means a person author- 
ized to represent the Department of Envi- 
ronment, Health, and Natural Resources on 
the local or state level in making inspections 
pursuant to state laws and rules. 

( 19) (4-&) "Sanitize" means the approved 
bactericidal treatment by a process which 
provides enough accumulative heat or con- 
centration of chemicals for enough time to 
reduce the bacterial count, including 
pathogens, to a safe level on utensils and 
equipment. 

(20) (-W) "Sewage" means the liquid and solid 
human body waste and liquid waste gener- 
ated by water-using fixtures and appliances, 
including those associated with 
foodhandling. The term does not include 
industrial process wastewater or sewage that 
is combined with industrial process 
wastewater. 

(21) (39) "Single service" means cups, contain- 
ers, lids, closures, plates, knives, forks, 
spoons, stirrers, paddles, straws, napkins, 
wrapping materials, toothpicks, and similar 
articles intended for one-time, one person 
use and then discarded. 

(22) (34) "Temporary food or drink stand" 
means a»4 includoo those food or drink 



stands which operate for a period of 1 5 days 
or less, in connection with a fair, carnival, 
circus, public exhibition, or other similar 
gathering. 
(23) (33) "Temporary restaurant" means a res- 
taurant, as defined in Paragraph (44) (17) of 
this Rule, that operates for a period of 15 
days or less, in connection with a fair, car- 
nival, circus, public exhibition, or other 
similar gathering. 

Statutory Authority G.S. I30A-248. 

.2604 REINSPECTIONS 

(a) Upon request of the management, a rein- 
spection will be made. In the case of establish- 
ments that have been closed for failure to comply 
with these Rules, a survoy an inspection to con- 
sider the issuance or reissuance of a permit shall 
be made at the earliest convenience of the 
sanitarian. afi4 a» inspection fof the purpooo ei 
establishing the sanitation grad e may fee made at 
any twae aftef the establishment has boon » »p- 
oration fof at least twe- wooko. 

(b) In the case of establishments which request 
an inspection for the purpose of raising the al- 
phabetical grade, and which hold unrevoked 
permits, the sanitarian shall make an unan- 
nounced inspection after the lapse of a reasonable 
period of time, not to exceed 15 days, from the 
date of the request. 

Statutory Authority G.S. 130A-248. 

.2605 INSPECTION FORMS 

The grading of restaurants, food stands, or drink 
stands shall be done on an inspection form fur- 
nished by the e nvironmental hoalth section @i the 
Department »f Human Resources to local health 
departments. The form shall provide for but not 
be limited to the following information: 

(1) the name and mailing address of the facility; 

(2) name of person to whom permit is issued; 

(3) the permit and score given; 

(4) standards of construction and operation as 
listed in Rules .0450 through .0475 of this 
Section; 

(5) the signature of the sanitarian; 

(6) date. 

Statutory' Authority G.S. 130A-24S. 

.2607 STANDARDS AND APPROVAL OF 
PLANS 

(a) To insure that modem standards of sanita- 
tion are included in new and remodeled 
foodhandling establishments, the plans and spec- 
ifications for those units shall be submitted for 



1142 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



review and approval to the appropriate local 
health agency prior to initiating construction. 
Plans and specifications for "franchisod" ©* 
"chain" units should a4se- be submitt e d te- tlie 
Environmental Health Section, Division ef 
Health Services, Departm e nt ef Human Re- 
sources, P.O. Re* 2091, Raleigh, North Carolina 
27602 2091. prototype "franchised" or "chain" 
facilities shall also be submitted for review and 
approval to the Environmental Health Sendees 
Section, Division of Environmental Health. 

(b) New construction shall comply with ap- 
proved plans. a»4 should at- l e ast conform with 
minimum standards established » the North 
Carolina State Building Code as amondod 
through July- +7 198T A copy ef- the North 
Carolina Stat e Building Cod e may be obtained 
from the North Carolina D e partment ef Incur 
anco, P.O. Re* 26387, Raleigh, North Carolina 
27611. 

Statutory Authority G.S. 130A-248. 

.2608 SOURCES OF FOOD 

All food shall be obtained from approved 
sources that comply with all laws relating to food 
and food labeling and shall be properly identified. 
44ie use ef food » hermetically sealed containers 
that- was Ret- processed m a comm e rcial food 
processing e stablishment operated m compliance 
w*t4% GrSr 106 120 through 444> is prohibited. 
Copies ef G.S. 106 120 through 4-44 as am e nded 
through July R 4-984 »ay be obtained from the 
Food aft4 Drug Protection Division, North 
Carolina Department ef Agriculture, Constabl e 
Laboratory, - 1000 Reedy Crook Road, R.al e igh, 
North Carolina 2761 1. Food in hermetically 
sealed containers shall have been processed in a 
commercial food processing establishment oper- 
ated in compliance with G.S. 106-120 through 
145. Copies of G.S. 106-120 through 145 may 
be obtained from the Food and Drug Protection 
Division, North Carolina Department of Agri- 
culture. All food shall be clean, wholesome, free 
trom adulteration and spoilage, safe for human 
consumption, and shall be handled, served, or 
transported in such a manner as to prevent con- 
tamination, adulteration, and spoilage. Only 
approved containers and utensils may be used. 
Foods that are spoiled or otherwise unfit for hu- 
man consumption shall be immediately disposed 
of as garbage except as specified in .0483(4) of 
this Section. 

Statutory Authority G.S. 130A-24S. 

.2609 REFRIGERATION: THAWING: AND 
PREPARATION OF FOOD 



(a) All potentially hazardous foods requiring 
refrigeration shall be kept at or below 45! F (7! 
C), except when being prepared or served. An 
air temperature thermometer accurate to + ! F 
(+ 1.51C) shall be provided in all refrigerators. 
A vtorago temporaturo ef 404 R (44 G) is recom 
mended, e specially fof food afi4 drink te- be 
stored sovoral days. A44 prepared custards a«4 
custard fillings, including custard fillod pastries 
which ape net- int e nd e d fop bet- s e rvice, should be 
cooled te- 404 R (44 G>t 

(b) Thawing of potentially hazardous foods 
shall be done in refrigerated units at a temper- 
ature not to exceed 45! F (7! C), or under cold 
running water no warmer than 70! F (21! C), or 
as a part of the cooking process. 

(c) Employees preparing food shall have used 
antibacterial soap, dips or hand sanitizers imme- 
diately prior to food preparation or shall use 
clean, plastic disposable gloves or sanitized 
utensils during food preparation. This require- 
ment is in addition to all handwashing require- 
ments in Section .2600 of these Rules. Food 
shall be prepared with the least possible manual 
contact, with suitable utensils and on preparation 
surfaces that have been cleaned and rinsed prior 
to use. Preparation surfaces which come in 
contact with potentially hazardous foods shall be 
sanitized as provided in Rule .2618(c) of this 
Section. Raw fruits and raw vegetables shall be 
thoroughly washed with potable water before 
being cooked or served. 

(d) Potentially hazardous foods requiring 
cooking shall be cooked to heat all parts of the 
food to a temperature of at least 140! F (60! C) 
except that- as follows: 

(1) poultry, poultry stuffings, stuffed meats, 
and stuffings containing meat shall be 
cooked to heat all parts of the food to at 
least 165! F (74!C) with no interruption 
of the cooking process, and 

(2) (e) pork and any food containing pork shall 

be cooked to heat all parts of the food to 
at least 150! F (66! C), and 

(3) rare roast beef shall be cooked to an 
internal temperature of at least 130! F (54! 
C), and 

(4) rare beef steak shall be cooked to a tem- 

perature of 130! F (54! C) unless otherwise 
ordered by the immediate consumer. 

(e) (R Liquid, or uncooked frozen, dry eggs and 
egg products shall be used only for cooking and 
baking purposes. 

(Jl fg4 Potentially hazardous foods that have 
been cooked and then refrigerated shall be re- 
heated rapidly to 165! F (74! C) or higher 
throughout before being served or before being 
placed in a hot food storage facility. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1143 



PROPOSED RULES 



(g) fh} All potentially hazardous foods, except 
rare roast beef, shall be stored at temperatures of 
140! F (60! Cj or above; or 45! F (7! C) or below 
except during necessary periods of preparation 
and serving. Rare roast beef shall be stored at a 
temperature of at least 130! F (54! C) or above; 
or 45! F (7! C) or below. 

(h) fif All potentially hazardous food that is 
transported must be maintained at temperatures 
as noted in Subsection (h) of this Rule. 

(j) Wh e n food m largo containers is placed m 
the refrigerator, the center portions eeel slowly 
becaus e ef the insulating e ff e ct »f the food itself. 
Chilling e» iee tables, frequent stirring. a»4 the 
substitution ef shallow containers, with food » 
layers aet mor e than few inches thick, a*e some 
ef the measures that should he taken to promot e 
rapid cooling. 

(i) fk-j- A metal stem-type thermometer accurate 
to +_2! F (+1! C) shall be available to check 
food temperatures. 

Statutory Authority G.S. 13QA-248. 

.2610 STORAGE: HANDLING: AND DISPLAY 
OF FOOD 

(a) All unwrapped or unenclosed food and 
drink on display shall be protected in such man- 
ner that the direct line from the customer's 
mouth to the food shall be intercepted by glass 
or similar shields and shall be otherwise protected 
from public handling or other contamination, 
except that approved hand openings may be 
permitted on counter fronts. This requires 
standard counter protector installations for all 
cafeteria counters, salad bars, and similar type 
service to prevent contamination by customers' 
coughing and sneezing. 

(b) Customer self-service is permitted only un- 
der the following conditions: 

( 1 ) Buffet-style e* Smorgasbord Service. This 
style of service is not acceptable on an 
unrestricted basis, unless protective 
shields, equivalent to cafeteria counter 
protectors, are provided to intercept con- 
tamination: however, buffet styl e tH= 
smorgasbord servic e i* acceptabl e without 
protective shields fof meals ef special 
groups et privat e parties. Y\Tien food h- 
served buffet &f smorgasbord style: pro- 
tective shields are not required for buffet 
stvle service which is provided to a club, 
organization or private individual as a 
planned event and from which the public 
is excluded. When food is served in this 
manner, the following requirements shall 
be met: 



(A) Potentially hazardous foods shall be 
replaced at least hourly; 

(B) Food containers shall be arranged con- 
veniently so customers' clothing does not 
come in contact with food; 

(C) Long-handled serving spoons, tongs, 
eterr or other utensils shall be provided 
and used; 

(D) Management shall not permit custom- 
ers to touch foods on display. 

(2) Family-style Service. In establishments 
featuring this style of service, patrons elect 
to participate in the family dining-table 
type of service. Ordinary serving dishes 
and utensils are acceptable. 

(c) Foods, except raw vegetables which are to 
be cooked, shall be kept under cover when not 
in the process of preparation and serving. Meat 
and other potentially hazardous foods shall not 
be stored on the floor, or in direct contact with 
shelves and racks of cold storage boxes, or per- 
mitted to come in contact with dirty clothes, 
newspapers, pasteboard, previously-used paper, 
or other contaminated surfaces. If open dishes 
and pans containing food are stacked, food shall 
be protected with wax paper or foil. Food 
transported to a restaurant shall not be accepted 
unless properly wrapped, covered, or otherwise 
protected. Food and drink shall not be served 
to the general public in the kitchen. In the case 
of "drive-in" restaurants, all food shall be covered 
or wrapped before delivers' to patrons' vehicles, 
to exclude vermin or insects, dust, and other 
contamination. 

(d) Containers for onions, slaw, mustard, and 
other condiments shall have covers and be kept 
covered when not in use. Sugar should be dis- 
pensed with either pour-type dispensers or indi- 
vidual packages. Waiters and waitresses shall 
avoid unnecessary handling of food in the process 
of serving. Good foodhandling methods a*4 
good personal hygiene ate important » the pro 
t e ction el public health. Fvery opportunity te 
benefit from foodhandl e r courses, current litera 
ture. a«4 modern practic e s should he used by- the 
management a«4 employees. 

(e) The establishment shall be kept free of Hies, 
rodents, roaches, ants, and other vermin. Ani- 
mals and fowl shall not be permitted in a restau- 
rant, provided that seeing eye dogs accompanying 
blind persons and service dogs accompanying 
handicapped persons shall be exempted. .Ail 
supplementary means necessary for the elimi- 
nation of flies, such as the installation of fly- 
repellant fans, and the routine use of approved 
insecticides shall be employed. 

(f) Dustless methods of floor cleaning shall be 
used and all except emergency floor cleaning shall 



1144 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



be done during those periods when the least 
amount of food and drink is exposed, such as 
after closing, or between meals. 

Statutory Authority G.S. 130A-248. 

.2612 SHELLFISH 

(a) All ohollfish a«4 crustacoa moat shah be 
obtained from sources m complianc e with the 
Commission fef Hoalth Servic e s' rulos e» 
ohollfish aftd Crustac e a. Copios ef 44A NCAC 
■18A .0100 as amondod through Jafy- 4? T9&4 stay- 

Ufl nkt'iinii/l f rf-t m tUfi 111 t 11 fiAn fit t If^^i 1 1 V» V. . .n r. ^.j-^,- 

r"^p tTTTtmrruCT 1 1 uiu 1 1 ru ttttttttttttt ctt i il m t 1 1 rrcrTTuu^y 

Department ef Human Rosourcoo, P.O. Be* 
30^4. Raloigh, Nertb Carolina 37602 2091. 
Provid e d, that- if the sourc e of clams, oysters, ef 
mussels is outsid e the state, the shipper's namo 
is eft the "Intorotato Certified Shellfish Shippers 
List" a* publish e d monthly by- the Shellfish San 
itation Branch, Food ae4 Drug Administration, 
SQQi^i Str ee t, SAV^ Washington, feG: 20201; 
aftdr provid e d that- if the source ef cooked 
Crustacea m e at is outoido the state, the establish 
mont » which the crustacoa meat was pack e d is 
c e rtifi e d by- the regulatory authority ef the state 
e* territory ef origin, att e sted by- the prosonco ef 
a» official permit numb e r e» the containor. 

(b) AH- shuck e d shellfish a«4 ah- cooked 
Crustacea meat shall be obtain e d a«4 stored i» 
the clean singl e servic e shipping containers » 
which packed at- the sourc e . Each aftif containor 
shall be cl e arly identified with the namo a-ftd ad- 
dress ef the pack e r, ropackor, ef distributor; the 
certificat e number ef the packer ef ropackor; a»d 
the abbreviated namo ef the stato. The re use 
ef singlo oorvico shipping containers a«4 the 
storag e ef shuckod shollfish m othor containors 
afe aet- permitted. 

(a) AH shollstock shall be obtained aftd stored 
t» the containers ift which packod at the source. 
Each mat containor shall be cl e arly id e ntifi e d 
with a uniform tag ef label bearing namo aftd 
address ef the shipper, the cortificato number is- 
su e d by- the stat e r e gulatory authority, the ab- 
breviated namo ef the stato, the date ef 
harvesting, the date ef shipment ef roohipmont , 
the namo ef the waters from which the shellfish 
V i 'oro taken, the land aftd quantity ef the 
shollstock ift the container, a«d the- namo aftd 
address ef the conoignoo. Aftor e ach container 
has been emptied, the management shall remove 
the stub ef the tag aftd retain it- fef a period ef 
at least 60 days. Ah shellstock shall be storod ift 
clean, w e ll drained bi«s ef enclosures provided 
e specially fef that- purposo a«d protected against 
contamination. With the exception ef opening 
shellfish fef immodiato consumption eft the 
promises, He ohollfish shuclung shall be pef- 



form e d unloos the establishment holds a valid 
cortificato ef compliance. 
(4) The management shall keep e» fife fef a 
period ef eO days the bills ef sale fef all shollfish 
a»4 cookod crustacoa m e at (crab, lobst e r, 
crayfish, a»4 shrimp) purchased. 

(a) All shellfish and Crustacea meat shall be 
obtained from sources in compliance with the 
Department's rules on shellfish and Crustacea. 
Copies of 15A NCAC 18A .0300 through .0900 
may be obtained from the Department of Envi- 
ronment, Health, and Natural Resources. Pro- 
vided, that if the source of clams, oysters, or 
mussels is outside the state, the shipper's name 
is on the "Interstate Certified Shellfish Shippers 
List" as published monthly by the Shellfish San- 
itation Branch, Food and Drug Administration, 
and provided that if the source of cooked 
Crustacea meat is outside the state, it is certified 
by the regulatory authority of the state or terri- 
tory of origin, attested by the presence of an of- 
ficial permit number on the container. 

(b) All shucked shellfish and all cooked 
Crustacea meat shall be obtained and stored in 
the original container. F.ach unit container shall 
be clearly identified with the name and address 
of the packer, repacker, and the abbreviated 
name of the state or territory. Shucked shellfish 
unit containers shall be dated in accordance with 
ISA NCAC 18A .0600. 

(c) All shellstock shall be obtained and stored 
in the containers in which packed at the source. 
Each unit container shall be clearly identified 
with a uniform tag or label bearing the name and 
address of the shipper, the certificate number is- 
sued by the state or territory, regulatory author- 
ity, the abbreviated name of the state, the name 
of the waters from which the shellfish were taken, 
the kind and quantity of the shellstock in the 
container, and the name and address of the con- 
signee. 

(d) Shellstock shall be stored under refriger- 
ation and in a manner to prevent cross- 



contamination to or from the shellstock. The 
re-use of single-service shipping containers and 
the storage of shucked shellfish in other contain- 
ers are not allowed. 

(e) After each container of shellstock has been 
emptied, the management shall remove the stub 
of the tag and retain it for a period of at least 9_0 
days. 

(f| With the exception of opening shellfish for 
immediate consumption on the premises, no 
shellfish shucking shall be performed unless the 
establishment holds a valid shellfish shucking 
permit. 

(g) Shellstock washing facilities shall consist of 
an approved mechanical shellfish washer, or a 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1145 



PROPOSED RULES 



sink or slab with catch basin, indirectly drained 
into an approved sewage collection, treatment, 
and disposal system. The washing shall be done 
in a clean area, protected from contamination. 
A can wash facility shall not be used for the 
washing of shellstock or other foods. 

'he cooking of shellfish shall be accom- 



(h) 



plished in an area meeting the requirements of 
this Section. 

(i) Re- use of shells for the serving of food is 
prohibited. Shells shall be stored in a manner to 
prevent flies, insects, rodents, and odors. 

Statutory Authority G.S. 130.4-248. 

.2613 BARBECUE PLACES 

The following standards shall be followed in the 
application of the restaurant sanitation require- 
ments of this Rule in the grading of establish- 
ments preparing barbecue: 

( 1 ) Barbecue Pits: 

(a) Barbecue pits and barbecue machines shall 
be enclosed in a room protected from the 
weather, dust, flies, and animals. I ight 
should be ample to promote cleanliness. 
The room shall be kept clean and free of 
garbage, rubbish, and other miscellaneous 
storage. 

(b) Floors shall be constructed of easily 
cleanable concrete or equal and graded to 
drain. 

(c) Floors, walls, and ceilings shall be kept 
clean and free of dust, cobwebs, or other 
accumulations. 

(d) Water under pressure shall be provided in 
barbecue pit rooms for floor cleaning. 

(e) Barbecue pit rooms shall be properly 
ventilated by ducts, doors, or equal in or- 
der that smoke and fumes may be re- 
moved. 

(f) Spits, holders, or racks shall be thoroughly 

cleaned daily. 
f3} Barbecue Chopping Rooms: 

(2) fa) Barbecue shall be chopped or processed 
in a restaurant kitchen or in a room meeting 
the requirements of sanitation specified for 
restaurant kitchens. an4 the sanitary handl 
»%g ©f tood th e r e in. 

fb+ All equipment, ' jink '. , eto-r nec e ssary tof 
effective cl e aning shall be provid e d. 

Statutory Authority G.S. I30A-248. 

.2614 OUTDOOR DINING 

fa) Establishments desiring to operate se called 
"roof garden" tap "patio" dining moms, fft addi 
to>» to conventional dining room?, may- be given 
written permission to de- se if- toe sanitarian finds, 



■ittar f i . ; 'i r-,\ till 'i»\fM"ii,- .1 ,~i I tVi/i iniln 'iilnnl C I ♦ Q t V-i ■ \ t 
CTrTCT CT CTTTT7TTTT ECI ' I ' 1 U 1 Jill \J 1 CXXO 11IUI ' lUtllll SROj " " " R 

aU ef toe following supplementary requirements 
ea» be complied with: 

f+) The dining afea is fenced &f otherwise , 

prot e ct e d to e xclude animals, fowl, *h4 

pedestrian traffic. 
(3) Toilet im4 lavatory faciliti e s afe accessible 

a«4 convenient. 
£3} The dining afea is reasonably f-Fee from 

dust, smok e , soot, a»4 objectionable 

odors. 

/ . 1 1 I \~\.\ IllllUi'l 1 1 '*■' li.'initi | ,- L£^L^ tfii t->-i ■- ."i i l «-■— ■-if 

\ I f TTIv III III ILUIUIL 1 f IX. 1 1 II I T T^ 1 1 \-\-' 1 1 VJ 1 1 1 LTV' tl I IT..' 

ef fly- brooding a»4 mosquito brooding. 
fa) There are && outdoor food serving facili 
fles e* stations aft4 h*> outdoor cooking 
facilities e xcept as specified » fa) ef flais 
Raaker 
f4} All necessary approved insect control 
measures wall be instituted by- toe man 
agement to provid e eff e ctiv e control ef 
flies an4 mosquito e s. 
fb} W'henes er written permission is given top 
toe operation taf outdoor dining areas, it- shall be 
understood flaat- such permission w4H be with 
drawn promptly if fates afe found to be pr e val e nt 
e* toe other requirements given » fa} ef fh+s 
Rul e are violat e d. 
fe4. Equipment such as portable cooking ef 

. . i t-1 • * n ■ i t I i . - i 1 i t i , | .- m o t - l^^A lli'.'i, l ti-\r i- .-it-i •</-»■■ i t ,~i ,.- »-t . i . ■ ■ t 1 

groups tap private parties. 
(a) No outdoor food serving facilities, stations, 
shall be allowed except 



or cooking facilities 



equipment such as portable cooking or serving 
facilities for service which is provided to a club, 
organization or private individual as a planned 
event and from which the public is excluded. 

(b) This Rule shall not prohibit outdoor din- 
ing. 

Statutory Authority G.S. 130A-248. 

.2615 MILK AND MILK PRODLCTS 

(a) Only Grade "A" pasteurized milk and milk 
products shall be used. The term "milk 
products" means those products as defined in 
1 5A NCAC 18A ^fOea as amended through .4+4* 
^-fQSf* .12110. Copies of 15A NCAC l8Ar+39e- 
.1200 may be obtained from the Division ef 



Health Services. North Carolina Departm e nt ef 
Human Resources. P4Ar Be* 3fWr Raleigh, 
North Carolina 27602 2001. Department of 
Environment, Health, and Natural Resources, 
P.O. Box 27687, Raleigh. North Carolina 
27611-76X7. Milk and nnlk products shall be 
served in the individual, original containers in 
which they were received from the distributor, so 
that the name and grade of the contents and the 
name of the milk distributor may be observed 



1146 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



readily by the consumers; provided that approved 
sanitary bulk milk dispensers may be used. 

Statutory Authority G.S. 130A-248. 

.2616 REQUIREMENTS FOR EMPLOYEES 

(d) Cooks and other kitchen employees shall 
wear clean outer clothing, ef othor special dross 
(uniforms) when e» duty. 

(e) Ne porson who has a contagious e* infoo 
tious diseas e , wound, &? bet! shall be allowod te 
work m the rootaurant i» a» area ef capacity » 
which thoro is lileolihood e( transmission ef- dis- 
ease te patfees ef te fellow employees? No per- 
son who has a communicable or infectious 
disease that can be transmitted by foods, or who 
is a carrier of organisms that cause such a disease, 
or who has a boil, infected wound, or an acute 
respiratory infection with cough and nasal dis- 
charge, shall work in a food service establishment 
in any capacity in which there is a likelihood of 
such person contaminating food or food-contact 
surfaces, with disease-causing organisms or 
transmitting the illness to other persons. 

Statutory Authority G.S. 130A-248. 

.2617 UTENSILS AND EQUIPMENT 

(d) The National Sanitation Foundation has 
dovolopod standards fop many food sorvico 
oquipmont itoms. Equipmont which moots thuoo 
standards &f equal shall be acc e pted as mooting 
the requirements »£ this Section (See noto i» 
.0157 e£ this Section). Food service equipment 
shall meet National Sanitation Foundation 
standards which are adopted by reference, in ac- 
cordance with G.S. 1 50B- 14(c) or equal. If 
equipment is not National Sanitation Founda- 
tion Listed, the owner or operator shall submit 
documentation to the Department that demon- 
strates that the equipment is at least equal to 
National Sanitation Foundation standards. The 
Department shall determine if the equipment is 
at least equal to National Sanitation Foundation 
standards. 

Statutory Authority G.S. I3GA-248. 

.2618 CLEANING OF EQUIPMENT AND 
UTENSILS 

(d) Hand dishwashing facilities shall consist of 
an approved three-compartment sink of adequate 
size and depth, to submerge, wash, rinse and 
sanitize all utensils, with hot and cold running 
water service for each vat, splash back protection 
continuous with the sink and an integral part of 
the sink, and drainboards on each end ef amplo 



see to accommodate the number of eating and 
drinking utensils involved. 

(e) Separate facilities shall be required when 
necessary for the washing of glasses, and, when 
needed, separate facilities shall be required for the 
washing of pots, pans, vegetables, fish, meats, 
and poultry. 

(f) When dishwashing machines are used, the 
machines shall be approved and shall be fitted 
with drainboards of ample capacity on each side, 
and include a countersunk sink or other ap- 
proved means for pre-cleaning, pre-flushing, or 
pre-soaking of the utensils in the dirty dish lane. 
Thermometers indicating the wash and rinse wa- 
ter temperatures shall be provided and kept in 
good repair. 

(§} Mechanical glass an4 dishwashing equip 
m e nt shall be required whon found necessary be- 
cause ef inoffoctivo r e sults with other facilities, 
ef bocauso ef- indicated volume 

(g) (h} When dishwashing machines are used, 
the machines shall be approved on the basis of 
size, capacity, and type for the number of utensils 
to be washed. Under some conditions, as when 
volume is limited and time permits, glasses may 
be washed with power-driven brushes and passed 
through door-type machines, which are also used 
for dishwashing, for final rinse and bactericidal 
treatment. For this method, a motor-driven 
glass- washer and a single- vat sink may suffice. 

(h) fi} When only single-service eating and 
drinking utensils are used, at least a two- 
compartment sink of adequate size and depth 
with sufficient drainboard space on each end to 
accommodate the washing and drying of cooking 
equipment shall be provided, m order te- qualify 
fef a p e rmit »f when a facility is renovated. -Pe* 
e xisting restaurants which t*se only singlo sorvico 
eating a»4 drinking utensils, a singlo vat siftk- 
with drainboard space e» each e»4 is acc e ptabl e 
if e ffective. 

(i) (j} Facilities for the heating of water shall be 
provided. Capacity of hot water heating facilities 
shall be based on number and size of sinks, ca- 
pacity of dishwashing machines, and other food 
service and cleaning needs. Hot water storage 
tanks shall provide a minimum of 130! F (54! C) 
hot water when water is not used for sanitizing; 
when hot water is used for sanitizing, a minimum 
storage temperature of 140! F (60! C) hot water 
is required. 

(j) (k) No article, polish, or other substance 
containing any cyanide preparation or other poi- 
sonous material shall be used for the cleaning or 
polishing of eating or cooking utensils. 

Statutory Authority G.S. 130A-248. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1147 



PROPOSED RULES 



.2619 METHODS OF BACTERICIDAL 
TREATMENT 

(a) In a manual dishwashing operation after 
cleaning and rinsing, all multi-use eating and 
drinking utensils shall be offoctiv e ly subjected to 
one of the following or other equivalent 
bactericidal processes: 

(1) Immersion for at least one minute in the 
3rd vat in clean hot water at a temperature 
of at least 170! F (77! C). A thermometer 
accurate to +3! F (+.1.5! C) shall be 
available and convenient to the vat. It is 
rocommond e d that, wher e v e r practicable, 
bactoricidal troatmont should be obtain e d 
through the ese ef he* wator. Where hot 
water is used for bactericidal treatment, a 
booster heater ef adequat e capacity shall 
be provided for maintaining a water tem- 
perature of at least 170! F (77! C) in the 
3rd vat at all times when utensils are being 
washed. The heating device may be inte- 
gral with the immersion vat. 

(2) Immersion for at least two minutes in the 
3rd vat in as- offootivo a chemical 
bactericide of approved a strength, m- 
cluding: approved by the Department: 

(A) for chlorine products, a solution con- 
taining at least 50 ppm of available 
chlorine at a temperature of at least 75! F 
(24! C); 

(B) for iodophor products, a solution con- 
taining at least 12.5 ppm of available 
iodine and having a pH not higher than 
5.0 and having a temperature of at least 
75! F (24! C); 

(C) for quaternary ammonium products, a 
solution containing at least 200 ppm of 
QAC and having a temperature of at least 
75! F (24! C), provided that the product 
is labeled to show that it is effective in 
water having a hardness value at least 
equal to that of the water being used. 

(3) (©) Other equivalent products and proce- 

dures approved b¥ the Division ef health 
sorvicos. in 21 CFR 178.1010 "Sanitizing 
solutions" from the "Food Service Sani- 
tation Manual" published by the US 
Food and Drug Administration. 21 CFR 
178.1010 is adopted by reference in ac- 
cordance with G.S. 150B-14(c). 

(b) (e) A suitable testing method or equipment 
shall be available, convenient, and regularly used 
to test chemical sanitizers to insure minimum 
prescribed strengths. 

fb) If mechanical dishwashing ef glasswashing 
equipment is used, such equipment shall be con 
structed ae4 operated ie accordance with r*a- 
tional Sanitation Foundation Standards ef equal. 



Statutory Authority G.S. J30A-248. 
.2623 WATER SUPPLY 

^T^T ^^^^T& ^r^^^^^^r ^^^^^^^^^^r ^^^TC^^T ^^^7 rT^TTTx COT I 

source ae4 shall be adoquato a»4 ef a saf e , sani 
tafy quality. 

(a) (b) The water supply used shall be located, 
constructed, maintained, a«4 oporatod m accord 
ano e with the Commission fef Health Sorvioos' 
rules governing wator supplies. Copies ef 44A 
NCAC +SA r±Jm an4 -leA NCAC UG as 
amended through Jely -h 1981 f»ay be obtainod 
from the Division ef H e alth Sorvicos, D e part 
m e nt ef Human Resourc e s, P.O. Be* 2091, 
Raleigh, North Carolina 27602 2091. A sample 
ef wat e r shall be colloctod by the sanitarian ae4 
submitt e d te the laboratory s e ction ef the ©e- 
partmont ef Human R.esourcos ef othor ae- 
provod laboratory fef baotoriological 
e xamination at- least onco a yoar. in accordance 
with I5A NCAC 18A .1700. 

(b) Prior to the issuance of a permit, non- 
community water supplies shall be listed with the 
Public Water Supply Section, Division of Envi- 
ronmental Health, and water samples for 
bacteriological analysis shall be collected by the 
sanitarian and submitted to the laboratory sec- 
tion of the Department or other laboratory cer- 
tified by the Department for analysis, and at least 
annually thereafter for bacteriological analysis. 

(c) Cross-connections with unapproved water 
supplies are prohibited. AH plumbing fixtures fef 
potablo wator shall be provided aee installed as 
roquirod by the North Carolina Stat e Building 
Cod e as amondod through lely 4-r 1986. Copies 
ef the North Carolina State Building Code feay 
be obtained from the North Carolina Dopart 
ment ef Insuranc e , P.O. Be* 26387, Raloigh, 
North Carolina 2761 1. Hot and cold running 
water under pressure shall be provided to food 
preparation, utensil and handwashing areas, and 
any other areas in which water is required for 



cleaning. Running water under pressure shall be 
provided in sufficient quantity to carry out all 
food preparation, utensil washing, hand washing, 
cleaning, or other water-using operations. 

(d} Het aee cold running wator undor pressure 
shall be provided te food preparation areas, a«4 
aey othor ar e as i» which water is r e quir e d fef 
cl e aning. 

Statutory Authority G.S. I30A-248. 

.2624 TOILET FACILITIES 

(a) Every restaurant shall be provided with ad- 
equate toilet faculties for each sex conveniently 
located and readily accessible at all business 



1148 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



hours. Unless specified elsewhere in these Rules, 
all restaurants shall have toilets which are con- 
venient and accessible to employees and cus- 
tomers. Toilets shall be in the proximity of the 
restaurant and under control of the management. 
N e w conotruction should comply with North 
Carolina Stato Building Cod e roquiromonts as 
amondod through July- 4-7 1986 fef handicapped 
porsono. Copies e£ the North Carolina Stato 
Building Cod e may be obtainod from the North 
Carolina Departm e nt »f Inouranco, P.O. 8e* 
26387, Ral e igh, N^rtb Carolina 27611. Floors 
and walls shall be constructed of non-absorbent, 
washable materials. aad should be light colored. 
Floors, walls, and ceilings shall be kept clean and 
in good repair. Toilet rooms shall be weH lighted 
afid vontod as required by the North Carolina 
Stat e Building Codo, provided with self-closing 
doors, and kept free of flies and storage. Win- 
dows shall be screened if used for ventilation. 
Fixtures shall be kept clean and in good repair. 
It is recommended that masonry floors be pro 
vided with floor drains te facilitate cleaning. 
Toilets for patrons shall be so located that the 
patrons do not pass through the kitchen to enter 
the toilet rooms. Intervening rooms or 

vestibules, if provided, shall be constructed and 
maintained in a manner comparable to the toilet 
rooms. 

(b) Appropriate signs Signs shall be posted to 
advise the public of the locations and identities 
of the toilet rooms. Durable, legible signs which 
read that employees must wash their hands be- 
fore returning to work shall be posted or stenciled 
conspicuously in each employees' toilet room. 

(c) All toilet wastes and other sewage shall be 
disposed of in a public sewer system or, in the 
absence of a public sewer system, by an approved 
sanitary sewage system. 

Statutory Authority G.S. I30A-248. 

.2625 LAVATORY FACILITIES 

(a) Adequate and- convenient lavatory Lavatory 
facilities, including hot and cold running water 
and a combination supply faucet (e* tempered 
water) or tempered water and sanitary towels (e* 
approved hand drying devices) or approved 
hand-drying devices and soap, shall be provided 
for employees and customers. 

(b) For employees, at least one lavatory shall 
be provided in the kitchen area in addition to any 
lavatories which may be provided in employees' 
toilet rooms. 

(c) Dishwashing vats, vegetable sinks, and pot 
sinks shall not be acc e ptable used as 
handwashing faculties. 



(d) The lavatories and adjacont areas shall be 
well light e d a»d kept clean and in good repair. 

Statutory Authority G.S. BOA-248. 

.2626 DISPOSAL OF WASTES 

(a) All sewage and other liquid wastes shall be 
disposed of in a public sewer system or, in the 
absence of a public sewer system, by an ap- 
proved, properly operating sanitary sewage sys- 
tem. 

(b) Garbage shall be collected and stored in 
standard, water-tight garbage cans fe* other ap- 
provod containers/mothods) or other approved 
containers or methods provided with tightfitting 
lids. s» as te e xclud e flies, patsr and animals. 
Lids shall be kept in place, except for cans inside 
the kitchen which are being used frequently dur- 
ing normal operations. The contents of these 
cans shall be removed frequently and the cans 
thoroughly washed inside and outside. The «se 
»f garbago 6a» lin e rs is rocommondod. 

(c) Garbage and trash, including tin cans, re- 
sulting from the restaurant operations shall be 
removed from the building as frequently as may 
be necessary and disposed of in an approved 
manner. 

(d) Adoquato facilities Faculties shall be pro- 
vided for the washing and storage of all garbage 
cans and mops. Cleaning facilities shall include 
combination faucet, hot and cold water, threaded 
nozzle, and curbed impervious pad sloped to 
drain f»f othor approved facilities/methods), or 
other approved facilities or methods. 

(e) Where containerized systems are used for 
garbage storage, facilities shall be provided for the 
cleaning of such systems. 

Statutory Authority G.S. BOA-248. 

.2627 FLOORS 

(c) Pe* sew construction, the The joints be- 
tween walls and floors shall be rounded or pro- 
vided with tight molding to expedite cleaning. 

Statutory Authority G.S. BOA-248. 

.2628 WALLS AND CEILINGS 

(a) Walls and ceilings of all rooms in which 
food is stored, handled, prepared, or served shall 
be kept clean and in good repair. 

(b) The walls of kitchens and other rooms used 
for the preparation of food and the washing of 
utensils shall be smooth and washable; aad 
should be light colored and ceilings shall be of 
the same construction, provided that acoustical 
ceiling material may be accepted where effect ive 
ventilation precludes the possibility of grease ab- 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1149 



PROPOSED RULES 



sorption. Acceptable wall materials include 
glazed tile and smooth painted, plastered brick, 
cinder blocks, slag blocks, and concrete blocks; 
wood or metal. Brick, cinder blocks, slag blocks, 
and concrete blocks are acceptable if glazed, tiled, 
plastered or tilled so as to provide a smooth, 
easily-cleanable surface, regardless of color. 

(e) fte ' . ' . 'alls ae4 coilings ef afl fe©4 storage 
room; , should be finish e d » a light- color. 

(c) (4} The walls and ceilings of the dining 
rooms and other food serving rooms shall be of 
sound construction. »e4 should be ftee ef ex- 
cessive decorations. Artistic wall treatments with 
sections ef- brick ef ornamental stone, natural 
wood finished, ete^ ate acceptable i» dining 
rooms. 

Statutory Authority G.S. 130A-24S. 

.2629 DOORS AND WINDOWS 

(a) All openings into the outer air shall be ef- 
fectivuly screened unless other effective means are 
provided to keep the establishment reasonably 
free of flies. 

(b) Outside doors shall be self-closing, may 
be solid Bf screened, ae4 preferably should open 
outward. 

(e} " Effective aif screens e? a» cuilains are re- 
commend e d at outside kitch e n e* service doors. 

Statutory Authority G.S. 130A-248. 

.2630 LIGHTING 

(a) AH rooms m which food is stored, prepar e d, 
w m which utensils a*e wash e d, shall be provided 
with at least 20 feet- candles ef light, either ee- 

rrtTT+r 1 ill I li lC lili , trrr lOOil jMt?l*ilI W I ttn k VvOr H. 1 l(?V t*ih 

a«4 at utenr . il washing work levels. Lighting 
■■ hall be ad e quat e fof all oth e r necessary op e r 
at ions. Fixtures shall be kept clean a«4 m- good 
r e pair. 

fb4 Light bulbs shall be shielded m located se- 
as te minimise the possibility el brok e n bulbs ef 
lamps falling iete food. 

(a) All rooms in which food is handled, or 
prepa rec 



bulbs or lamps falling into food. Shatter-proof 
or shielded bulbs need not be used in retail food 
storage areas where the integrity of the unopened 
packages will not be affected by broken glass 
falling onto them and the packages, prior to be^ 
ing opened, are capable of being cleaned. 

(c) Heat lamps shall be protected against 
breakage by a shield surrounding and extending 
beyond the bulb, leaving only the face of the bulb 
exposed. 

Statutory Authority G.S. 130A-248. 

.2631 VENTILATION 

(a) Ventilation shall be. provid e d a«4 install e d 
as required by the North Carolina State Building 
Code. Copies ef the North Carolina Stat e 
Building Code f»ay be obtained from the North 
Carolina Departm e nt ef Insuranc e , P.O. Be* 
26387, Raleigh, Nerth Carolina 27611. 

(b} Ventilation equipment shall be kept clean 
and in good repair. 

Statutory Authority G.S. 130A-24S. 

.2632 STORAGE SPACES 

(a) Storage spaces shall be kept clean and free 
from unnecessary articles and offensive or musty 
odors. The contents shall be neatly arranged to 
facilitate cleaning. All storage shall be at least 
15 in. (38.1 cm.) above the floor or otherwise 
arranged so as to permit thorough cleaning. 

(b) Dry beans, grits, flour, sugar, and similar 
food products should shall be stored in tightly 
covered containers, glass jars, or equal and la- 
beled accordingly. 

(c) Shelves in storage rooms should shall be 
constructed approximately 1 in. (2.54 cm.) from 
the wall, unless tightly stripped to eliminate 
cracks or roaches. 

(d) Bulky items should shall be stored on 
slatted shelves or movable dollies. 

(e) Foods shall not be stored under exposed 
sewer lines. 



or in which utensils are washed, shall Statutory Authority G.S. 130A-24S. 



be provided with at least 70-foot candles of light 
on food preparation work levels and at utensil 
washing work levels. At least 30-foot candles of 
light M_ 30 inches above the floor shall be pro- 
vided in all other areas and rooms including 



storage rooms and walk-in units 



shall not 



include dining and lounge areas except during 
cleaning operations. Fixtures shall be kept clean 
and in good repair. 

(h) Fight bulbs in food preparation, storage, 
and display areas shall be shatter-proof or 
shielded so as to preclude possibility of broken 



.2633 PREMISES: MISCELLANEOUS 

(a) The premises under control of the man- 
agement shall be kept neat and clean at all times. 
Waste material obsolete a«4 unnecessary un-used 
articles, tin cans, rubbish, and other litter shall 
not be permitted to accumulate -on the premises. 
There shall be no fly or mosquito breeding 
places, rodent harborages, or undrained areas on 
the premises. 

(b) None of the operations shall be conducted 
in any room used for domestic purposes. A do- 



1150 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



mestic kitchen shall not be used in connection 
with the operation of a restaurant. 

(c) Soiled linens, coats, and aprons shall be 
kept in containers provided for this purpose. 
When poisons, such as insecticides and lye, eterr 
are used in a restaurant, a special area for storage 
of these materials shall be provided and plainly 
marked. 

Statutory Authority G.S. I30A-248. 

.2634 REQUIREMENTS FOR FOOD STANDS 

Food stands shall comply with all sanitation 
requirements fef restaurants as specifi e d m .01 50 
te- .0175 the requirements of this Section, with 
the following exceptions: 

(1) In 4W46 Rule .2624 of this Section, only- 
toilets for employees shall be required. 
These shall be adequat e a»4 convenient and 
shall comply in every way to the standards 
for restaurant toilets. 

(2) In 4?443 Rule .2625 of this Section, only 
handwashing facilities for employees shall 
be required. In addition, for food stands in 
which the customer serves himself, a 
lavatory shall be provided for customers. 
These shall be adequate a«4 convenient and 
comply with restaurant standards insofar as 
the rule is concerned. 

(3) In .0160(d) Rule .2618(d) of this Section, 
in order to qualify for a permit or when a 
facility is renovated, at least a two- 
compartment sink of adequate size conven 
iontly located and depth with sufficient 
drainboard space on each end to accommo- 
date the washing and drying of cooking 
equipment shall be required for the washing 
of all multi-use containers, cooking and 
preparation utensils, and equipment. For 
existing food stands, single vat sinks with 
drainboard space on each end are acceptable 
for washing of cooking and preparation 
utensils if effective. 

(4) 1» 70444- a«4 45443 ef- this Section, aH epep- 
ations incident to- the storage, preparation, 
a«4 dispensing ef food shall be conducted m 



a room Bf a*ea prot e ct e d from fli e s, dust, 
vermin, eterr aftd se- free standing booths, 
fountains, sandwich counters, eter shall be 
permitted except m some establishment, 
permanent building, ef business m which 
the foodhandling operations required fftay 
be carried ©ftt- under satisfactory sanitary 
conditions. The requirements in Rule .2629 
of this Section shall not apply to a foodstand 
within a mall, grocery store, or other multi- 
purpose building providing protection from 



flies, dust, vermin or other sources of con- 
tamination. 



Statutory Authority G.S. I30A-248. 

.2635 REQUIREMENTS FOR TEMPORARY 
FOOD STANDS 

The following requirements shall be satisfied in 
order for temporary food stands to qualify for a 
permit under .2602 of this Section: 

(1) Temporary food stands shall be located in 
clean surroundings and kept in a clean and 
sanitary condition. They shall be so con- 
structed and arranged that food, utensils, 
and equipment will not be exposed to in- 
sects, dust, and other contamination. Pro- 
tection against flies and other insects shall 
be provided by screening or by effective use 
of fans. Sawdust, shavings, ef equal may 
be acc e pt e d a* satisfactory floors. 

(2) Where food or griddles are exposed to the 
public or to dust or insects, they shall be 
protected by glass, or otherwise, on the 
front, top, and ends, and exposed only as 
much as may be necessary to permit handl- 
ing and serving of the food. 

(3) All griddles, warmers, spatulas, 
refrigerators, and other utensils and equip- 
ment shall be cleaned routinely and main- 
tained in a sanitary manner. 

(4) Running water under pressure shall be 
provided. The water supply shall be ap- 
proved and of a safe, sanitary quality. Pro- 
visions shall be made for heating water for 
the washing of utensils and equipment. At 
least a single vat sink, large enough in which 
to wash cooking utensils, pots, and pans, 
must be provided. At least one drainboard 
or counter top space must be provided. 

(5) Facilities shall be provided for employees' 
handwashing. These may consist of a pan, 
soap, and single-use towels. 

(6) Convenient and approved toilet facilities 
shall be provided for use by employees. 
Public toilet facilities provided on the 
grounds are acceptable if reasonably con- 
venient, adequate, and kept clean. Sewage 
shall be disposed of in an approved manner. 

(7) Ad e quate provision shall be made fe* the 
refrigeration e£ potentially Potentially haz- 
ardous foods a«4 the proper storage ©I other 
foods a«4 equipment, shall be refrigerated 
in accordance with Rule .2609 of this Sec- 
tion. All food shall be stored, handled, and 
displa\cd m accordance u ith Rule .2H I'lai 
through (d) of this Section. Food service 
equipment shall be stored in accordance 
with Rule .2620 of this Section. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1151 



PROPOSED RULES 



(8) Garbage and refuse shall be collected and 
stored in standard water-tight garbage cans 
provided with tightfitting lids (ef othor ae- 
proved containers, 'mothods), or other ap- 
proved containers or methods. Garbage and 
refuse shall be removed at least daily and 
disposed of in a sanitary manner. Waste 
water shall be so disposed of as not to create 
a nuisance. Each operator shall keep his 
immediate premises clean. 

(9) All food served shall be clean, wholesome, 
and free from adulteration. Potentially haz- 
ardous foods such as cream-filled pastries 
and pies, and salads such as potato, chicken, 
ham, crab, etc., shall not be served in a 
temporary food stand. Hamburgers shall 
be obtained from an approved market or 
plant in patties separated by clean paper, or 
other wrapping material, and ready to cook. 
Wrapped sandwiches shall be obtained from 
an approved source. Poultry shall be pre- 
pared for cooking in an approved market or 
plant. Drinks served shall be limited to 
packaged, canned, or bottled drinks, pack- 
aged milk, coffee, or carbonated beverages 
from approved dispensing devices. 

(10) Food prepared by local groups shall be 
prepared in an approved kitchen, and such 
groups shall maintain a record of the type 
and origin of such foods. These foods shall 
be prepared, transported, and stored in a 
sanitary manner protected from contam- 
ination and spoilage. 

(11) Xe- portion who ha* a contagious ef infoo 
tious disease?, wound, ef befl shall be al- 
lowed fce work ie the e stablishment te a» 
afea e* capacity » which th e re is likelihood 
ef transmission ef disease te patrons ef te 
fellow employees. No person who has a 
communicable or infectious disease that can 



a sfgft reading "For Employees Only" shall be 
provid e d. 

fb) ff omployooo' cook tents afse serve? the 
public, th e y shall moot the requirements fef 
temporary restaurants ef t e mporary food an4 
drink stands, depending upon the typ e ef service. 
Jf multi use oat in g ef drinlcing ut e nsils a*e used 
m the establishment, the temporary r e staurant 
rul e s shall apply, ff eefy- single servico eating ef 
drinking ut e nsils are usod, the t e mporary food ef 
drink stand rules shall apply. 

(a) Cooking facilities that serve only employees 
of the fair, carnival, circus, or other similar or- 
ganizations are not subject to these Rules. Such 
tents shall be located away from public area and 
a sign reading "For Employees Only" shall be 
prominently displayed. 

(b) If employee cooking facilities also serve the 
public, they shall meet all requirements for a 
temporary food service facility. 

Statutory Authority G.S. 130A-248. 

.2638 GENERAL REQUIREMENTS FOR 
PUSHCARTS AND MOBILE FOOD 
UMTS 

(a) Approval shall be granted by the local 
health department which provides sanitation 
surveillance for the restaurant from which the 
pushcart or mobile food unit is to operate, if the 
local health department determines that the 
pushcart or mobile food unit complies with these 
Rules. 

(b) The written approval (-B44S Pes» 30&+) 
shall be in the possession of the person operating 
the pushcart or mobile food unit. Such carts ef 
units shall be subject te inspection at least quar 
t&fy (4^4+S- Feffft 0003} fy Division ef Health 
Services authorised sanitarians, bet- grad e Grade 
cards wtH shall not be posted, however, lack ef 

be transmitted by foods, o7 who is a^ carrieT compliance with the restaurant Feles- may- be sef- 
of organisms that cause such a disease, or ficiont caus e fef withdrawal ef pushcart ef mobile 
who has a boil, infected wound, or an acute 
respiratory' infection with cough and nasal 
discharge, shall work in a food service es- 
tablishment in any capacity m which there 
is a likelihood of such person contaminating 
food or food-contact surfaces, with disease- 
causing organisms or transmitting the illness 



to other persons. 
Statutory Authority G.S. I30A-248. 

.2637 EMPLOYEES' COOK TENTS 

(a) Due te the laek- ef public h e alth significance?, 
employees' cook tents ape exempt from thfs See- 
tiee if they servo only show employees. Such 

t . > i 1 1 ■ ■ M i l l p * 1 i t ■ - • i t . \ . 1 ■ i i i - - i i - Tj-q in i-iriKli,^ ■ i «- , i ■ i ,~ and 
iviu. 1 TTTTTTTT W IV^'VTl I V.TJ LIT! U T rTTTTTT C ' <-« i_" I TV cTrCTTT? HI IU 



food HB+t approval by- ae authoriz e d sanitarian. 

(c) The local health department which issues 
approval shall be provided by individuals receiv- 
ing approval a list of counties and locations 
where each pushcart or mobile food unit will 
operate. 

(d) Individuals receiving approval to operate a 
pushcart or mobile food unit shall provide the 
local health department in each county in which 
food service operations are proposed a list of lo- 
cations where they will operate. Such lists must 
be kept current. 

(e) Prior to initiating food service operations in 
a particular jurisdiction, the operator of the 
pushcart or mobile food unit shall submit to that 
particular jurisdiction such carts or units for in- 



1152 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



spection or reinspection to determine compliance 
with this Section. 

(f) Such carts or units shall operate in con- 
junction with a permitted restaurant and shall 
report at least daily to the restaurant for supplies, 
cleaning, and servicing. 

(g) All foods shall be obtained from approved 
sources and shall be handled in a manner so as 
to be clean, wholesome, and free from 
adulteration. 

(h) All potentially hazardous foods shall be 
maintained at 45 ! F(7! C) or below or 140! F 
(60! C) or above, or as required in .0451 of this 
Section. A metal stem-type thermometer accu- 
rate to + 2! F (+ 1! C) shall be available to check 
food temperatures. 

(i) Only single-service eating and drinking 
utensils shall be used in serving customers. 
Single-service items must be properly stored and 
handled. 

(j) All garbage and other solid waste shall be 
stored and disposed of in an approved manner. 

(k) Employees shall be clean as to their person 
and foodhandling practices. Clean outer clothing 
and hair restraints are required. 

(1) >ie person who has a contagious &f infoo 
tious diseas e , wound, &f beii shall be allowed te- 
work » a» area e* capacity m which there is 
likelihood »f transmission e£ disease te patrons 
Bf te- follow employees. No person who has a 
communicable or infectious disease that can be 
transmitted by foods, or who is a carrier of 
organisms that cause such a disease, or who has 
a boil, infected wound, or an acute respiratory 
infection with cough and nasal discharge, shall 
work with a pushcart or mobile food unit in any 
capacity in which there is a likelihood of such 
person contaminating food or food-contact sur- 
faces, with disease-causing organisms or trans- 
mitting the illness to other persons. 

(m) All equipment and utensils shall be easily 
cleanable and kept clean and in good repair. 

(n) The pushcart or mobile food unit shall be 
kept in a clean and sanitary condition and be free 
of flies, roaches, rodents, and other vermin. 

Statutory Authority G.S. I30A-248. 

.2640 SPECIFIC REQUIREMENTS FOR 
MOBILE FOOD UNITS 

(a) The mobile food unit shall be constructed 
and arranged so that food, drink, utensils, and 
equipment will not be exposed to insects, dust, 
and other contamination. Protection against flies 
and other insects shall be provided by screening 
or by effective use of fans. Where food or 
griddles are exposed to the public or to dust or 
insects, they shall be protected by glass, or oth- 



erwise, on the front, top, and ends, and exposed 
only as much as may be necessary to permit the 
handling and serving of food. 

(b) A mobile food unit shall have a potable 
water system under pressure. The system shall 
be ef- suffici e nt capacity te- furnish e nough hot 
and cold water for all food preparation, utensil 
cleaning, and handwashing. The water inlet shall 
be located so that it will not be contaminated by 
waste discharge, road dust, oil, or grease, and it 
shall be kept capped unless being filled. 

(c) Water heating facilities (bet- wator hoator) 
must shall be provided. 

(d) Handwashing lavatory with hot and cold 
water, combination supply faucet, soap, and 
single-service towels must shall be provided. 

(e) At least a single vat equipment sink of ad- 
equate size and depth with sufficient drainboard 
space on each end to accommodate the washing 
and drying of cooking equipment shall be pro- 
vided. However, in cases where no food is pre- 
pared on the mobile food unit and all utensils are 
offoctivoly cleaned at the restaurant, the equip- 
ment sink is not required. 

(f) Sewage disposal must be provided either by 
means of an approved sewage disposal system or 
approved sewage storage tanks. Sewage storage 
tanks must be maintained in a manner so as not 
to create a health hazard or nuisance and to pre- 
vent contamination of foods or water supply. 
Toilets are not required on the unit. Liquid 
waste that results from the operation of a mobile 
food unit shall be disposed of in an approved 
sewage disposal system or stored in a perma- 
nently installed sewage storage tank that is of at 
least 15 percent larger capacity than the water 
supply tank. Liquid waste shall not be dis- 
charged from the sewage storage tank when the 
mobile food unit is in motion. All connections 
on the vehicle for servicing mobile food unit 
waste disposal facilities shall be of a different size 
or type than those used for supplying potable 
water to the mobile food unit. The waste con- 
nection shall be located lower than the water inlet 
connection to preclude contamination of the 
potable water system. 

(g) A servicing operations area must shall be 
established at a restaurant for the mobile food 
unit. Potable water servicing equipment shall be 
installed, stored, and handled m a way that- p*e- 
teete to protect the water and equipment from 
contamination. The mobile food unit's sewage 
storage tank shall be thoroughly flushed and 
drained during servicing operation. All sewage 
shall be discharged to an approved sewage dis- 
posal system. 

Statutory Authority G.S. J30A-24S. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1153 



PROPOSED RULES 



.2641 PROCEDURE WHEN INFECTION 
SUSPECTED 

Whon suspicion aris e s as te the possibility ef 

transmission ef infection from a«y employe e ef 

by aey feee. ef drink, the leeal health dir e ctor is 

authorised te require any ef aH ef the following 

measures: 

(44 34w» immediat e oxclusion ef the employe e 

from employment m establishments cov e r e d 

by tbis Soction; 

^ E ^ "1 — III.' Ill 11 1 I UU IT-Il \-' CTTTTTTT^ CTT TTTX7 DUninTXIuZXIZXC n>- 

concerned until tbe local health director de- 
terminos »e further danger ef diseaso eet- 
hreak e xists; 
f^) Adequate medical examinations ef &e efn- 
ployee a«4 ef bis associates, with such lab- 
oratory examination as may be indicated; 
(-44 Retention by the management ef portions 
ef all suspect e d foods fef sampling by the 
local health director; Such portions shall 
be coll e ct e d, stored ae4 handl e d as specified 
by tbe local health director. 
When the local health department has reason to 
suspect the possibility of exposure to, or trans- 
mission of, infection within a foodhandling op- 
eration from any person or from any food or 
dnnk, the local health director shall act in ac- 
cordance with the Communicable Disease Laws 
and Rules (G.S. 130A-133 through 148, 1 5 A 
NCAC 19A). 

Statutory Authority G.S. 130A-24S. 

.2643 APPEALS PROCEDURE 

Appeals concerning the interpretation and 
enforcement of the rules in this Section shall be 
made in accordance with G.S. 150B. aee 44} 
NCAC 443, 

Statutory Authority G.S. 130A-248. 

SECTION .2700 - SANITATION OF MEAT 
MARKETS 



(3) "Local Health Director" means the ad- 
ministrative head of a local health depart- 
ment or his authorized representative. 

(4) "Meat" and "meat food products" mean 
meat and meat food products as defined in 
G.S. 106-549.15(14). 

(5) "Meat market" means a»4 includos aey 
place ef establishment » which moat ef 
moat food products ef poultry ef poultpy 
products afe proparod, stor e d, handled, ef 

XJl IVTOW W." I C3EQ ^ CTT TV IH'ILWIL 1 tTT 1 \J LU3^ <X i I I y 1 1 I 

market as defined in G.S. 130A-228, except 
those places subject to G.S. 13QA-229. 

(6) "Person" means an individual, firm, asso- 
ciation, organization, partnership, business 
trust, corporation, or company. 

(7) "Poultry" and "poultry products" mean 
poultry and poultry products as defined in 
G.S. 106-549.51(25). 

(8) "Renovation or remodeling" means struc- 
tural changes in meat, meat food products, 
poultry or poultry product preparation 
areas, the addition of rooms, or changes re- 
lated to the addition of rooms. 



(9) f&4 "Responsible person" means the indi- 
vidual present in a meat market who is the 
apparent supervisor of the meat market at 
the time of inspection. If no individual is 
the apparent supervisor, then any employee 
present is the responsible person. 

( 10) (9) "Sanitarian" means a qualified person 
authorized to represent the Department ef 
I Iu man Resources on the local or state level 
in making inspections pursuant to state laws 
and rules. 

( 1 1) (40) "Sanitize" means the approved 
bactericidal treatment by a process which 
provides enough accumulativ e heat ef con 
o e ntration ef chemicals fef enough time te 
reduce the bact e rial count, including 
pathogens, te a safe lev e l e» utensils ae4 
e quipm e nt. meets the temperature and 
chemical concentration levels in 15A NCAC 
18A .2600. 



.2701 DEFINITIONS 

The following definitions shall apply through- 
out this Section: 

(1) "Department" ef Human Resources means 
the Secretary', ef his North Carolina De- 
partment of Fnvironment, Health, and Na- 
tural Resources. The term also means the 
authorized representative of the Department. 

(2) "Employee" means any person who is 
employed in the handling and/or or proc- 
essing of meat, meat food products, poultry, 
or poultry products, or in the cleaning of 
utensils or equipment. 



Statutory Authority G.S. 130A-228. 

.2702 PERMITS 

(a) No person shall operate a meat market 
within the State of North Carolina who does not 
possess an unrevoked permit from the Depart- 
ment, ef Human Resources. 

(b) No permit to operate shall be issued until 
a sanitary inspection by a representative of the 
Department ef I luman Resources shows that the 
establishment complies with these sections. 

(c) Permits issued to one person are not 
transferable to others. 



1154 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



(d) Permits are issued by and inspections made 
by local health department sanitarians, who are 
authorized representatives of the Department, 
ef Human Resources. 

(e) A permit shall be immediately revoked in 
accordance with G.S. 130A-23(d) for failure of 
the facility to maintain a minimum grade of C. 
A permit may otherwise be suspended or revoked 
in accordance with 130A-23. A new permit to 
operate shall be issued only after the establish- 
ment has been resurveyed by a sanitarian and 
found to comply with this Section. This resurvey 
will be conducted within a reasonable length of 
time after the request is made by the operator. 

Statutory Authority G.S. 130A-228. 

.2704 REINSPECTIONS 

(a) Upon request of the management, a rein- 
spection will be made. In the case of establish- 
ments that have been closed for failure to comply 
with these Rules, a survey an inspection to con- 
sider the issuance or reissuance of a permit shall 
be made at the earliest convenience of the 
sanitarian. a«d ae inspection fof the purposo ef 
establishing the sanitation grade may be mad e at 
a«y- tim e after the establishment has been fo ep- 
oration fof at least two- weeks. 

(b) In the case of establishments which request 
an inspection for the purpose of raising the grade, 
and which hold unrevoked permits, the sanitarian 
shall make an unannounced inspection after the 
lapse of a reasonable period of time, not to ex- 
ceed 30 days, for the purpose of establishing a 
new grade. 

Statutory Authority G.S. I30A-228. 

.2705 APPROVAL OF PLANS 

Copies of plans of new meat markets as well as 
proposed major renovations to existing plants, 
should markets shall be submitted to the local 
health department for approval before con- 
struction is begun. This proc e dure is rocom 
mended te avoid mistakes affo misunderstandings 

Statutory Authority G.S. I30A-228. 

.2706 INSPECTION FORMS 

The grading of meat markets shall be done on 
an inspection form furnished by the e nviron 
m e ntal health section ef the Department, ef 
Human Resources to- local h e alth departments. 
The forms shall include but need not be limited 
to the following information: 

(1) name and address of facility; 

(2) name of manager; 



(3) score; 

(4) standards of construction and operation as 
listed in Rules .0508 through .0526 of this 
Section; 

(5) signature of authorized representative. 

Statutory Authority G.S. 130A-228. 

.2708 FLOORS 

(a) AH floors shall be ef smooth mat e rials and 
&e constructed as te be easily cl e anablo aftd shall 
be kept fo good repair. 

(b) floors i» rooms used fop the handling and 
storago ef moat, moat food products, poultry ef 
poultry products; rooms m which utensils ef 
equipment are washed; walk in refrigerators; 
dr e ssing ef lock e r rooms, a»d toilet rooms shall 
be ef nonabsorbent materials such as concrete, 
tonwdo, tiler durablo grades ef linoleum ef plao 
tier ef equal; floors ef nonrefrigeratod dfy- storag e 
areas need eet be nonabsorbent; that floors ef 
tight wood construction may be accepted m es- 
isting e stablishments. 

(e) AH floors shall be free ef cleaning obstacles 

'i[~ij4 CJ3 ' ' 1 1 111' 1 ~ B Q t |'| , t h i I It I : \ 11 .-i n r <~i T-/-tt r \\ -i 1 1 V-. a 

tTTTTT ^T^T^^i ^^^7 1LI^ L .'I ^^^^^^^^T ^^^^^^ r^^^^^T HI ^_TI H I 1 X.I LI f^v 

sufficient te accommodate aH necessary oper 
ations. 

(a) The floors of all utensil-washing rooms, 
toilet rooms and all rooms in which meat, meat 
food products, poultry or poultry' products are 
stored, prepared, handled, or sold, shall be con- 
structed to provide durable surfaces which are 
smooth, non-absorbent and easily cleanable. 
The floors shall be free of obstacles to cleaning, 
and shall be kept clean and in good repair. 
Nothing in this Section shall prohibit the use of 
approved anti-skid floor applications where 
needed for safety reasons. 

(b) The joints between walls and floors shall 
be rounded or provided with tight molding. 

(c) Exposed utility lines or pipes on the floor 
are prohibited. 

(d) In all rooms in which water is routinely 
discharged to the floor, or in which floors are 
subjected to flooding-type cleaning; floors shall 
be of concrete, terrazzo, tile or equal, shall slope 
to drain and be provided with floor drains. 

Statutory Authority G.S. J30A-228. 

.2710 LIGHTING 

(a) All rooms usod fof the handling ef moat, 
moat food products, poultry ef poultry products; 
all rooms i» which utensils ef equipment afe 
washed; dressing ef locker rooms; toilet rooms, 
aftd storago rooms shall be well lighted atfo von 
tilatod, by- either natural ef artificial means. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1155 



PROPOSED RULES 



(4*4 Toilet rooms shall be vontod as roquirod 
by t4*e North (Carolina Stat e Building Cod e as 
amend e d through 4«4y 4-r 198L Gopioo ©4 t4*e 
North Carolina Stat e Building Codo may be eb- 
tained from t4*e North Carolina Dopartmont ȣ 
Insuranc e , PrOr 44e* 26387, Raleigh, >^rth- 
Carolina 2761 1. 

All rooms in which meat, meat food products, 
poultry or poultry products are handled or pre- 
pared, or in which utensils are washed, shall be 
provided with at least 70-foot candles of lijzht on 
preparation work levels and at utensil washing 
work levels. At least 30-foot candles of light at 
30 inches ahove the floor shall be provided in all 
other areas and rooms including storage rooms 
and walk-in units. Fixtures shall be kept clean 
and in good repair. 

Statutory Authority G.S. 130A-228. 

.271 1 TOILET FACILITIES 

(a) Every establishment shall be provided with 
ad e quate a«4 convenient toilet facilities readily 
accessible at all business hours. a«4 shall con 
form with t4*e North Carolina Statu Building 
Code. 

(b) Toilet rooms shall not be used for storage. 
Doors shall be self-closing. Fixtures shall be 
kept clean and in good repair. 

Statutory Authority G.S. 1 30.4-228. 

.2712 LAVATORY FACILITIES 

(a) Adequate ami conv e ni e nt lavatory Lavatory 
facilities &*■ other approv e d handwashing facilities 
conforming with tfe» North Carolina State 
Building Code, including hot and cold running 
water and a mixing faucet, soap, and sanitary 
towels, or approved hand-drying devices, shall 
be provided for employees and shall be kept 
clean. 

(b) I handwashing I avatorv facilities shall be 
provided in processing areas in addition to any 
lavatories which may be provided at employees' 
toilet rooms except where employees' toilets are 
immediately adjacent to the processing area. 

(c) Sinks used for washing utensils and equip- 
ment shall not be accepted as a substitute for re- 
quired handwashing lavatory facilities for 
employees. 

(d) Durable, legible signs shall be posted or 
stenciled conspicuously in each employee's toilet 
room directing employees to wash their hands 
before returning to work. 

Statutory Authority G.S. I30A-22S. 

.2714 WATER SUPPLY 



\u i TTTO f T UlL'l J\J. l.r I ..' IT LT1 ITJII l_HJ 1 1\_~ III HI I ( 

sourc e a»4 shall be adequate a»4 ef- a safe, sani 
trtfy quality. 

fb4 ¥4*e water supply used shall be located, 
constructed, maintained, and- op e rat e d » accord 
anco witk ti*e Commission fof H e alth Senicoo' 
rules governing wat e r supplies. Copies ȣ 44A 
NCAC 4SA- 4-700 a«4 44A NCAC 4SG as 
amended through 4**iy 4-r 1986 may be obtained 
from t4*e Division ef- Health S e rvices, Depart 
ment ef Human Resources, P.O. E&a 2091, 
Ral e igh, North Carolina 27602 2091. A samplo 
&4 water from a private &f public non community 
wat e r supply serving a m e at mark e t shall be eei- 
loctod by t4*e sanitarian and- submitted at least 
onc e a yea* to- the laboratory section »£ the ©e- 
partmont e4 Human Resources e* oth e r ap- 
prov e d laboratory fof bacteriological 
examination. 

(©} Cross connections with unapproved water 
supplies ape prohibited. A44 plumbing fixtures -fef 
potable water shall be provided asd- installed as 
required by t4»e North Carolina State Building 
Cod e as am e nd e d through 4«4y 4-r 1986. Copi e s 
e4' t4te North Carolina State Building Cod e may 
be obtained from Ae North Carolina Depart 
ment ef- Insurance, P.O. 44e* 26387, Raleigh, 
North Carolina 2761 1. 

(0-)- 4-tt*+ wat e r heating facilities shall be pro 
vided. 44**t a«4 cold running water under pros 
s*+fe shall be provided te- food pr e paration areas. 

CTTTTT LI 1 1 T L ' I 1 1(?I Lll t?U.*1 TTT TT5 tit-' I r Tl Ll I*? I rT? PfcrTTTTTTTTtT fctTT 

cleaning. 

(a) The water supply used shall be in accord- 
ance with 15A NCAC 18A .1700. 

(b) Connections between potable and non- 
potable water supplies are prohibited. 

(c) Hot and cold running water under pressure 
shall be provided to meat, meat food product, 
poultry, or poultry product preparation areas, 
utensils, and handwashing areas, and any other 
areas in which water is required for cleaning. 
Running water under pressure shall be provided 
in sufficient quantity to carry out all meat and 
meat food products, poultry and poultry pro- 
ducts preparation, utensil-washing, handwashing, 
cleaning or other water-using operations. 

(d) Pnor to the issuance of a permit, non- 
communitv water supplies shall be listed with the 
Public Water Supply Section, Division of Envi- 
ronmental Health, and water samples for 
bacteriological analysis shall be collected by the 
sanitanan and submitted to the Laboratory Sec- 
tion of the Department of Environment, Health. 
and Natural Resources or other laboratory certi- 



fied by the Department for analysis, and at least 
annually thereafter for bacteriological analysis. 
Other tests of water quality, as indicated by pos- 



1156 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



sible sources of contamination, may be collected 
by the sanitarian. 

Statutory Authority G.S. 130A-228. 

.2716 SOLID WASTES AND BY-PRODUCTS 

(a) All solid wastes containing food scraps or 
other decomposable materials shall, prior to dis- 
posal, be kept in leak-proof, nonabsorbent con- 
tainers which shall be kept covered with 
tight-fitting lids when filled or stored, or not in 
continuous use; provided, that such containers 
need not be covered when stored in a special 
vermin-proofed room or enclosure. 

(b) All dry rubbish (including scrap papor, 
cardboard, eter) including scrap paper, card- 
board, or similar items shall be stored in con- 
tainers, rooms or areas in an approved manner. 

(c) The rooms, Rooms, enclosures, areas, and 
containers shall be adoquato provided for the 
storage of all solid wastes accumulating on the 
premises. Ad e quat e cleaning Cleaning facilities 
shall be provided and each container, room or 
area shall be thoroughly cleaned after the emp- 
tying or removal of the waste. 

(d) All solid wastes shall be disposed of with 
sufficient frequency and in such a manner as to 
prevent a nuisance. 

Statutory Authority G.S. 130 A- 228. 

.2718 MISCELLANEOUS 

(a) Soiled work clothing and any cloths used 
in processing or for cleaning shall be kept in 
containers provided for this purpose. 

(b) Suitable storage places shall be provided for 
mops, brushes, brooms, hose, cleaning com- 
pounds, and other items in routine use. Mop 
sinks should be provid e d, a«4 under »e circum 
stancoo shall a siftk- us e d fof the cleaning ©f 
utonsilo a*4 e quipm e nt be used fof emptying 
mop buck e ts ©f the washing ef rinsing ef mops. 

(e) It is recommended bat- Ret required that a» 
approved angle jet drinking fountain be installed 
fo the plant fof the conv e nience ef employees. 

(c) (4) No part of the establishment shall be 
used for domestic purposes. 

Statutory Authority G.S. I30A-228. 

.2720 UTENSILS AND EQUIPMENT: 
CLEANING AND STORAGE 

(c) All utensils and equipment used in the 
handling, cutting, chopping, grinding, mixing, or 
other processing of meat, meat food products, 
poultry or poultry products shall be thoroughly 
cleaned at least once each day or more often if 
necessary, and rinsed with hot water. All such 



utensils and equipment shall then be stored so 
as to drain, dry, and be protected from splash, 
dust, and other contamination. Cutting blocks 
a»4 boards may be cleaned by special m e thods. 
In place cloaning ef fix e d e quipment shall be ae- 
c e pt e d when found effective 

(d) Utensils and equipment that have been 
used for the preparation of raw meat or raw 
poultry shall not be used for the preparation of 
cooked meat, poultry ©f products such as 
pimento choose, cooked poultry or other ready - 
to-eat products unless such utensils and equip- 
ment have been thoroughly cleaned and 
-sanitized. 

Statutory Authority G.S. J30A-228. 

.2722 BARBECUE MACHINES 

Barbecue machines, if used, shall be located 
away from the main work areas in the meat 
market, as on a special table or at the end of a 
counter, and the following special requirements 
shall apply: 
(1) Provide a separate counter, table, or 
counter area for wrapping, and for sauce, 
containers, eter fo markets which afe tee 
crowded te comply fully with this require 
mont, a soparato room will be necessary. 
and similar items. 

utensils 



(2) 



Provide special utensils and containers 
which are not used for other purposes in the 
market. 

(3) Provide paper trays, or a single-service 
container for each item barbecued. 

(4) All wrappings, trays, eterr aft4 all season- 
ings, sauces, ate^ and similar items shall be 
stored in a clean dry place protected from 
dust. 

(5) All cooked meat and poultry shall be 
wrapped and refrigerated promptly at a 
temperature of 45 degrees F. or below, or 
kept het (MO dogroon Ft ef above), at 140! 
F or above. 

(6) The barbecue machine shall be thoroughly 
cleaned at least once a day if used daily or 
after each day of use. 

(7) After cooked meat and poultry have been 
refrigerated, they shall not be returned to a 
warming unit. (Wanning units a*e d e sign e d 

t i~i 1'iifift \-i i~\ i T Q ,"\ Qj; hn( '\ «-i r\ f\ r^ nrtf Vt ■ i \ ■ i \ th,-> 
rTT IVLU1' 1 1\-J I 1 l.H'UJ 1 11. 1 L QJIO UU I l\_F I I III ¥ \J 1 1 1\J 

heating capacity te heat eeW- foods te 440 
degrees F4 

Statutory Authority G.S. 130A-228. 

.2723 REFRIGERATION 

Sufficient refrigeration Refrigeration space shall 
be provided to conveniently accommodate the 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1157 



PROPOSED RULES 



volume of meat and meat food products, poultry 
and poultry' products handled. All refrigerators, 
meat boxes, and display cases shall be provided 
with indicating thermometers and the temper- 
ature shall not exceed 45! F. at any time. All 
refrigerators, meat hooks, rails, shelves, meat 
boxes, and display cases shall be kept clean, free 
from objectionable odors, and in good repair. 
All treads, false floors, or other obstacles in the 
refrigerator shall be easily removable so that the 
floor of the refrigerator can be easily cleaned. 

Statutory Authority G.S. J30A-22S. 

.2724 HANDLING AND STORAGE OF MEAT 
AND OTHER FOOD PRODUCTS 

(a) All meat and meat food products and all 
poultry and poultry products shall have been in- 
spected for wholesomeness, where required, un- 
der an official federal, state, or local regulatory 
program; and. in all cases, the source shall be 
identifiable from labeling on carcasses, cuts, unit 
packages, bulk packages, or from bills of sale. 

(b) No meat or meat food products and no 
poultry or poultry products shall be accepted by 
any market unless it has boon adequately is re- 
frigerated, wrapped, boxed, or covered so as to 
prevent contamination, during loading, trans 
portation. a«4 unloading el such product: . . 
Mark e ts which recoivo shipments ef poultry B¥ 
poultry products after business hours shall pro 
v44e a» outsid e rack feat is elevated a«4 f e nc e d 
te exclud e animals, e* shall arrange fof access te- 
fee market . 

(c) No meat or meat food products, or poultry 
or poultry products shall be kept outside 
refrigerators or refrigerated display cases, except 
during immediate processing, transfer, or sale. 
with fee exception &£ cured meats. Cured moats 
shall be handled an4 stored » a- sanitary manner. 
A41 meat a«4 moat food products shall be stored 
fe refrigerators a«4 display cas e s fe a clean a«4 
orderly manner a»4 without overloading. 4fee 
storag e sf vegetables, fruits, ef items oth e r than 
meat e? meat food products fe walk m box e s is 
undesirable. \\ non fee storago ef such items 
prevents fee satisfactory handling ef meat, fee 
practice shall be discontinued. Refrigeration 
shall not be required for cured shelf-stable meats. 
No meat shall be stored directly on the 
refrigerator floor. Packed containers of poultry 
shall be stored in such manner as not to con- 
taminate meat or meat food products. 

(d) Meat or meat food products, or poultry or 
poultry products shall not be wrapped in news- 
paper, or other previously used wrapping paper. 
No spoiled or unwholesome meat or poultry 
shall be kept, offered for sale, or stored on the 



premises. Used poultry crates shall not be used 
for the storage of meat. 

(e) Employees shall handle meat and meat food 
products, or poultry or poultry products in a 
sanitary manner. Customers and other persons 
not directly employed in the market shall not be 
permitted to handle fresh meats and meat pro- 
ducts, or poultry' or poultry products intended for 
sale to the public. ^ve- person shall be pormittod 
te stand, srtr &f lie e» counters, chopping blocks, 
&f oth e r food contact surfac e s. 

(f) Fresh fish shall be adequately iee4 refriger- 
ated at 32! F (0! C)or below and handled in a 
sanitary such manner as to prevent contam- 
ination. 

(g) All shellfish and Crustacea meat shall be 
obtained from sources in compliance with the 
Commission fof H e alth S e rvic e s' Department 
rules on shellfish and Crustacea. Copies of 15A 
NCAC 4SA Sim as amended through My 4-r 
198 1 may be obtained from fee Division ȣ 
Health Servic e s, Department e4- Human Re- 
sourcos, P.O. Se* 309 1 , Raloiah, North Carolina 
27602 2091. 18B .0100 through .0900 may be 
obtained from the Department of Environment, 
Health, and Natural Resources. P.O. Box 28687, 
Raleigh, North Carolina 27611-7687. If the 
source of clams, oysters, or mussels is outside the 
state, the shipper's name shall be on the Inter- 
state Certified Shellfish Shippers List as pub- 
lished monthly by the Shellfish Sanitation 
Branch, Food and Drug Administration, 200 
"C" Street, S.W., Washington, D. C. 20204. and 
that if the source of cooked Crustacea meat is 
outside the state, the establishment in which the 
Crustacea meat was packed is certified by the state 
or territory of origin, attested by the presence of 
an official permit number on the container. 

(h) Shucked oysters and clams and cooked 
Crustacea meat shall be stored in the original 
shipping container on which appears the ship- 
per's permit number. Shell oysters and clams 
shall be stored in a clean, well-drained room or 
bin provided especially for that purpose. If in 
bags, boxes, or barrels, the container shall bear a 
standard identification tag on which appears the 
name, address, and permit number of the ship- 
per. 

(i) When a meat market is located in the same 
room with a grocery store or other establishment, 
the area in which the meat is or meat food pro- 
ducts or poultry or poultry products are stored, 
handled, and displayed shall be kept free from 
other merchandise, and the adjacent area shall 
be kept neat, clean and m such condition as set- 
to adversely affect fee sanitation ef fee meat ef 
meat food products, free of vermin. 



1158 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



Statutory Authority G.S. I30A-228. 

.2725 APPEALS PROCEDURE 

Appeals concerning the interpretation and 
enforcement of the rules in this Section shall be 
made in accordance with G.S. 150B. an4 -W 
NCAC -US, 

Statutory Authority G.S. 130A-228. 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21D - WIC/NL'TRITION 

SECTION .0700 - WIC PROGRAM FOOD 
DISTRIBUTION SYSTEM 

.0706 AUTHORIZED WIC VENDORS 

(e) An authorized WIC vendor may be dis- 
qualified from the WIC program for violation of 
10 NCAC 8C .1 106(b) or violation of any other 
state and federal WIC program rules for a period 
not to exceed three years in accordance with the 
following: 

(1) When a vendor commits a violation of 
the WIC program rules, he shall be as- 
sessed sanction points as set forth below: 
(D) 15 points for: 

(i) charging more than current shelf price 
for WIC-approved foods more than 
once; 
(ii) charging for foods in excess of those 

listed on WIC food instrument(s); 
(iii) failure to allow monitoring of a store 

by WIC staff when required; 
(iv) failure to provide WIC food 
instrument(s) for review when re- 
quested; 
(v) failure to provide store inventory re- 
cords when requested by WIC staff; 
(vi) nonpayment of a claim made by the 

state agency; 
(vii) sending i» tendering for payment any 
food instrument(s) accepted by any 
other store; 
(viii) intentionally providing false infor- 
mation on vendor records (application, 
price list, WIC food instrument(s), 
monitoring forms); 

Statutory Authority G.S. 130A-361. 

****************** 



l\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Commission for Health Services, 
Department of Environment, Health, and Natural 



Resources intends to amend rules cited as ISA 
NCAC 19 A .0/02 and .0201. 

1 he proposed effective date of this action is May 
1, 1991. 

1 he public hearing schedule for the Commission 
will be as follows: 

January 15, 1991 

10:00 a.m. 

Ground Floor Hearing Room 

Archdale Building 

S12 North Salisbury Street 

Raleigh, North Carolina 

January 16, 1991 

7:00 p.m. 

A uditorium 

New Hanover County Health Department 

2029 South 17th Street 

Wilmington, North Carolina 

January 17, 1991 

7:00 p.m. 

Auditorium 

Forsyth- Stokes Mental Health Center 

725 Highland Avenue 

Winston-Salem, North Carolina 

January 22, 1991 

7:00 p.m. 

A uditorium 

East Carolina University 

Regional Development Institute 

Corner of First and Reade Streets 

Greenville, North Carolina 

January 23, 1991 

7:00 p.m. 

A uditorium 

Rankin Health Centex 

1200 Blythe Boulevard 

Charlotte, North Carolina 

January 24, 1991 

6:00 p.m. 

Lecture Hall 

Mountain Area Health Education Center 

501 Biltmore Avenue 

Asheville, North Carolina 



Co 



comment Procedures: Any person may request 
copies of the proposed rides by contacting John 
P. Barkley, DEHNR, P.O. Box 27687, Raleigh, 
NC 27611-7687, (919) 733-7247. Written com- 
ments on these rules may be sent to Mr. Barkley 



5:18 NORTH CAROLINA REGISTER December 14. 1990 



1159 



PROPOSED RULES 



at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least three days 
prior to the public hearing. At the discretion of 
the Chairman, the public may also be allowed to 
comment on the rules at the Commission Meeting. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER I9A - ACUTE COMMUNICABLE 
DISEASE CONTROL 

SECTION .0100 - REPORTING OF 
COMMUNICABLE DISEASES 

.0102 METHOD OF REPORTING 

(a) When a report of a disease or condition is 
required to be made pursuant to G.S. 130A-135 
through 139 and 10 NCAC 7A .0106, the report 
shall be made to the local health director as fol- 
lows: 

(3) Until January L 1994. reports of cases of 
confirmed HIV infection identified by 
anonymous tests that are conducted at 
local health departments HIV testing sites 
designated bv the State Health Director 
pursuant to ISA NCAC 19A .0201(d)(10) 
shall be made on forms provided by the 
Division Department for that purpose. 
No communicable disease report card 
shall be required. Effective January _L 
1994. anonymous testing shall be discon- 
tinued and all cases of confirmed HIV in- 
fection shall be reported in accordance 
with I5A NCAC 19A .0102(a)(1) and (2). 



Statutory 
B0 A- 141. 



Authority G.S. 130A-134; 130A-I35; 



SECTION .0200 - CONTROL MEASURES FOR 
COMMUNICABLE DISEASES 

.0201 CONTROL MEASURES 

(d) The following are the control measures for 
the Acquired Immune Deficiency Syndrome 
(AIDS) and Human Immunodeficiency Virus 
(HIV) infection: 

(10) Local health departments fckat shall pro- 
vide free testing for HIV infection shall 
offer f-Ft»t* anonymous touting with individ- 
ual pre- and post-test counseling. Bv 
June L_ 1991, the State Health Director 
'hall designate twelve local health depart- 
ments to provide anonymous testing. 
Beginning Julv L 199 1 . onlv cases of 
confirmed HIV infection identified bv 
anonymous tests conducted at local health 

anonymous 



shall be reported in accordance with 15A 
NCAC 19A .0102(a)(3). AU other cases 
of confirmed HIV infection shall be re- 
ported in accordance with 15A NCAC 
19A .0102(a)(1) and (2). Effective Janu- 
ary L_ 1994, anonymous testing shall be 
discontinued and all cases of confirmed 
HIV infection shall be reported hi ac- 
cordance with 1 5 A NCAC 19A 
.0102(a)(1) and (2 



Statutory Authority G.S. I30A-144; I30A-148. 

TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 



iV otice is hereby given in accordance with G.S. 
I SOB- 12 that the State Board of Education in- 
tends to amend rule(s) cited as 16 NCAC 6C 
.0205. 

1 he proposed effective date of this action is May 
I, 1991. 



Th 



he public hearing will be conducted at 10:00 
a.m. on January 15, 1991 at the 3rd Floor Con- 
ference Room, Education Building, 116 W. 
Edenton Street, Raleigh, XC 27603-1712. 



Co 



departments designated as 

testing sites pursuant to this Subparagraph 



omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SLBCHAPTER 6C - PERSONNEL 

SECTION .0200 - TEACHER EDUCATION 

.0205 TEACHER EDUCATION PROGRAMS 
STATE REVIEW STANDARDS 

(a) In order to receive approval by the SBE, a 
teacher education program must: 

(1) obtain successful NCATE review; 

obtain successful state review of the spe- 
cialty area(s) and professional studies; 

demonstrate that its graduates have 
achieved a rninimum 70 percent pass rate 
on the NTE (professional knowledge and 
specialty area); and 

demonstrate that at least 95 percent of its 
graduates perform successfully in the ini- 
tial certification program, 
(b) For purposes of state review of specialty 
areas: 

(1) "professional studies" (professional edu- 
cation) means the portion of the total 



(2) 

(3) 

(4) 



1160 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



preparation program that prepares stu- 
dents to work effectively in professional 
education roles, and it includes pedagog- 
ical, theoretical, and practicum studies. 
(2) "specialty studies" means the sequence of 
courses and experiences in the academic 
or professional area in which the student 
plans to teach, for the grade level at which 
the student plans to teach, and/or for the 
services that the candidate plans to pro- 
vide, 
(c) Elements that are common to all specialty 
areas and that need be addressed only once in the 
self-study, deal with professional studies. The 
professional studies are designed to provide all 
potential educators with the generally accepted 
body of knowledge, theory and applications that 
is the basis for effective educational practice. 

(1) Written evidence verifies that the state- 
approved professional studies guidelines 
for all certificated school personnel are 
adequately addressed. 

(2) Written evidence verifies that the state- 
approved professional studies competen- 
cies common to all certificated school 
personnel are adequately addressed. 

(3) Candidates for admission must meet min- 
imum score requirements adopted by the 
SBE on Core Batteries I (Communication 
Skills) and II (General Knowledge) of the 
NTE before formal admission can occur. 
Undergraduate degree-seeking students 
may not complete more than one-half of 
the professional studies sequence (exclud- 
ing student-teaching/internship) before 
being formally admitted into the teacher 
education program. 

(4) Sequentially planned field experiences for 
undergraduate degree-seeking students be- 
gin early in the student's program and 
culminate in a continuous and extended 
minimum ten-week period of student 
teaching in the area in which the student 
seeks certification. All field experiences 
are supervised and formal evaluations in- 
volving faculty, cooperating teachers and 
students occur as appropriate. 

(5) Preparation for entry certification at the 
advanced level includes supervised 
internship or field experiences appropriate 
to the role(s) for which students are being 
prepared. These experiences are thu basis 
for applying theory to practice, developing 
competencies at a high proficiency level, 
and evaluating the candidate's perform- 
ance. 



(d) Elements that are specific to each specialty 
area and that must be addressed by each program 
for each level offered are as follows: 

(1) Specialty area design, guidelines and com- 
petencies. There is a well-designed and 
well-defined program of study that reflects 
stated goals and objectives and complies 
with state-approved guidelines and com- 
petencies for the specialty area. 

(A) The goals and objectives of the spe- 
cialty area are clearly stated in writing, are 
readily accessible to faculty, students and 
other consumers and reflect a clear con- 
ception of the role(s) in the public schools 
for which students are being prepared. 

(B) An appropriate balance among general 
studies, specialty area studies and profes- 
sional studies exists at the undergraduate 
level to assure a well-rounded education 
for students. 

(C) The specialty area complies with state- 
approved guidelines for the certification 
area in which the student is being pre- 
pared. 

(D) The specialty area complies with state- 
approved competencies for the certif- 
ication area in which the student is being 
prepared. 

(E) Master's sixth year (e.g., CAS, Ed.S.) 
and doctoral curricula are clearly deline- 
ated and differentiated from one another 
and from the undergraduate curriculum. 

(F) Requirements for certification-only 
students are clearly described and compa- 
rable to those for degree -seeking students. 

(2) Faculty. There is a competent and ap- 
propriately specialized faculty assigned to 
the specialty area. 

(A) Fach faculty member teaching in the 
specialty area demonstrates competence in 
the area(s) of assignment. 

(B) One appropriately specialized faculty 
member full-time to the institution must 
be assigned major responsibility for 
teaching in and coordinating each spe- 
cialty area offered. To ensure diversity, 
there must be a sufficient number of ad- 
ditional faculty, appropriately specialized, 
to deliver the level(s) offered; e.g., under- 
graduate, master's, specialist. Each ad- 
vanced degree program that leads to the 
doctorate has at least three full-time fac- 
ulty who have earned the doctorate in the 
field of specialization for which the degree 
is offered. 

(C) Among the credentials of the faculty 
delivering (e.g., teaching, directing, coor- 
dinating) the specialty area, there is evi- 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1161 



PROPOSED RULES 



dence of recent, substantive involvement 
with public school students, staff mem- 
bers and, or programs. 
(D) Among the credentials of adjunct/part- 
time faculty delivering the specialty area 
there is evidence of recent, substantive in- 
volvement with the institution via stu- 
dents, other faculty and or program 
development. 

(3) Resources. Adequate resources are avail- 
able and used to accomplish the objectives 
for each specialty area. 

(A) Specialized books and periodicals, cur- 
rent curriculum guides, textbooks and 
courses of study adopted by local school 
systems and the SBE, instructional media, 
equipment and other forms of technology, 
testing materials and supplies for the pro- 
duction of teacher-made materials and li- 
brary resources for the specialty area are 
available and adequate in number to serve 
the student population. 

( B ) Instructional resources for the specialty 
area are organized for accessibility and 
there is evidence of use by both students 
and faculty. 

(C) Appropriate and sufficiently-equipped 
classroom space is provided to meet the 
needs of each specialty area. 

(D) Adequate facilities, including sufficient 
office space, are provided to serve the 
needs of staff and faculty, to counsel stu- 
dents, and to work effectively with local 
school personnel. 

(4) Evaluation. The specialty area engages in 
program review and evaluation to ensure 
quality. .An annual review of the specialty 
area is conducted and the resulting data 
are applied, as appropriate, for program 
improvement. 

(e) The SBE will monitor annually the follow- 
ing legislative policies: 

( 1 ) certification of methods faculty; 

(2) maintenance of a 70 percent pass rate on 
the professional knowledge (Core Batten 7 
III) and the appropriate specialty area test, 
if available, on the NTE; and 

(3) successful performance by 95 percent of 
each program's graduates in the initial 
certification program. 

(f) The NCATE review required under Para- 
graph (a)( 1 ) of this Rule must he completed bv 
December 31. 1992. If an I HE either has not 
been visited bv NCATE or has been denied ac- 
creditation bv NCATE bv December 31. 1992. 
the HIE shall not be eligible, beginning January 
L_ 1*9*93. to admit students to programs that lead 



to certification. An appeal bv an IHE concern- 
ing denial of accreditation by NCATE will not 
extend this deadline beyond December 31. 1992. 
The SBE will place on provisional status until 
notice of the accreditation decision is received an 
IHE that has been visited bv NCATE by_ De- 
cember 31. 1992, but which has not received no- 
of 



the 



accreditation 



decision. 



tice _ 

Notwithstanding the provisions of this Para- 
graph, students who have been formally admitted 
before January' _L 1993 into a program that leads 
to certification may complete that program and 
be eligible to be recommended for certification 
on the condition that thev complete such pro- 
grams not later than June 30. 1995. 

Authority G.S. 115C-12(9)a; N.C. Constitution, 
Article IX, Sec. 5. 



TITLE 21 



OCCUPATIONAL LICENSING 
BOARD 



No 



otice is hereby given in accordance with G.S. 

1 SOB- 1 2 that the Xorth Carolina Board of Archi- 
tecture intends to amend rules cited as 21 SCAC 

2 .0104, .0108, .0205, .0302; and adopt rules cited 
as 21 SCAC 2 .0216- .0217. 



Th 



he proposed effective date of this action is May 
1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on January 16, 1991 at the North Carolina 
Board of Architecture, 501 Sorth Blount Street, 
Raleigh, SC 2^604. 

v_> omment Procedures: Any person interested in 
these rules may present oral comments relevant to 
the action proposed at the public rule-making 
hearing or deliver written comments to the Board 
office not later than Monday, January 14, 1991 . 
Anyone planning to attend the hearing should no- 
tify the Board office by noon Monday, January 
14, 1991 whether they wish to speak on the pro- 
posals and whether they will speak in favor of or 
against the proposals. Speakers will be limited to 
ten minutes. 

CHAPTER 2 - BOARD OF ARCHITECTURE 

SECTION .0100 - GENERAL PROVISIONS 

.0104 PROCEDURE 

(b) Books and Records. The following records 
shall be kept in the Board office under the re- 
sponsible charge of the executive director and 
constitute the official records of the Board: 



1162 



5:18 SORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



(1) Minutes and Reports. There will be a 
book to contain all minutes and official 
reports in proper order; 

(2) Other Documents. Other documents will 
be filed and arranged so as to properly 
care for the applicant's papers, bills and 
receipts, general correspondence, material 
concerning the laws and procedure of 
other states and all other papers which are 
to be temporarily or permanently pre- 
served. Thoro will be a gen e ral lodgor to 
show both receipts a«4 dioburoomonto. 

Statutory Authority G.S. 83A-5; 83A-6. 

.0108 FEES 

Fees required for individual and corporate ap- 
plications, examinations, initial registration, re- 
newal ef registration, reciprocal registration, 
copies of the roster, and other publications and 
ef services provided by_ ef the Board, are payable 
in advance to the Board, by certified check or 
money order. 
Current amounts afe? 
Initial Application 
Individual 
Residents 
Nonresidents 
Corporat e 
Examination 



R.o examination 
iVnnual liconso renewal 

Individual 

Corporate 
Lato renewal Penalty 
R e ciprocal registration 



$25.00 
$50.00 
$50.00 
^^^r ^^^^^^^ 
(See pule ,£304- 
$15.00 

$10.00 



$50.00 
$50.00 
$75.00 

Such fees will be established by the Board in 
public meeting, and will be within the limits set 
forth in G.S. 83A-4. 



Statutory Authority G.S. 83A-4. 

SECTION .0200 - PRACTICE OF 
ARCHITECTURE 

.0205 NAME OF FIRM 

(a) Nun licensed Individual. -Ne- nam e ef afty 
architectural offico ef fifm may include the 
proper name ef a«y individual offic e r ef em- 
ployoo who is »et a licensed architect, engineer, 
land surv e yor, ef landscape architect. A licensee 
shall not engage in the practice of architecture 
under a professional or firm name which is mis- 
leading or deceptive in any way as to the legal 
form of the firm or the persons who are partners. 
Officers or shareholders in the firm. Examples 



of misleading or deceptive firm names include 
but are not limited to the following: 

(1) Use of the plural in any form when the 
number of architects in a firm does not 
warrant such use or, 

(2) Use of the name of an employee unless 
that employee is a partner or shareholder 
or, 

(3) Use of the name of deceased architect in 
order to benefit from his reputation, when 
that architect was not a former partner, 
officer or shareholder in the present firm, 
or 

(4) Use of a name which is deceptively similar 
to that of existing firm name. 

(b) Associate. 44*e word "associate" may be 
used only with reforonoo to a liconooo who is a 
principal ef regular omployeo ef the firm. ?he 
plural form may be used only whon justified by 
the numb e r ef liconsoos i» addition to those 
lieonsoos whoso proper names afe included to the 
fiffft name. Whore a fif» includes among its ef- 
ficors ef omployoos, e«e ef more duly licensed 
professional engineer, the word "onginoor" ef 
"engineers" may be used i» the sam e manner to 
id e ntify individual engineers a«4 engineering sef- 
vicoo as the term "architect" is used to identify 
individual architects a«4 architectural servic e s. 
Names of aU architectural firms, whether sole 
proprietorships, partnerships or professional cor- 
porations, shall be approved in writing bv the 
Board before adopted or used by such firm. 

(e) Misl e ading Nam e s, to order to avoid d«- 
plication ef confusion ef fif» names, a«4 to 
provont «se ef firm names which might be mis 
loading to the public, ah names ef titles ef archi 
toctural firms, whether sele propri e torships, 
partnerships, ef corporations, shall be approved 
i» writing by the Board, b e for e adopted ef used 
by such firm. Provided, however, that this Rule 
shall not be construed to require any firm to seek 
approval of, or to change, any name duly 
adopted in conformity with Board rules in effect 
at the date of such adoption. 

Statutory Authority G.S. 83A-6; 83A-9; 83A-12; 
55B-5. 

.0216 ANNUAL LISTING OF PARTNERSHIP 

(a) By December 31 of each year, each part- 
nership engaged in the practice of architecture in 
North Carolina shall submit a list of all resident 
and non-resident partners of the partnership. 

(b) One annual listing by a representative of the 
partnership shall satisfy the requirements of Par- 
agraph (a) of this Rule for all partners of the firm; 
however, each partner shall remain responsible 
for compliance with the rules. 



5: IS NORTH CA ROLINA REGIS TER December 14, 1990 



1163 



PROPOSED RULES 



(c) Changes in the information required by 
Paragraph (a) of this Rule shall be filed with the 
Board office within 30 days after the change oc- 
curs. 

Statutory Authority G.S. 83A-6; 83A-9. 

.0217 ARCHITECT EMERITUS 

Upon request, a licensee may apply for architect 
emeritus status. Such request must be accom- 
panied by a renewal application and the annual 
renewal fee on or before the first day of July in 
each year. An architect who is granted such sta- 
tus may use only the title "architect emeritus," 
and may not actively engage in the practice of 
architecture nor seal any documents as an archi- 
tect. 

Statutory Authority G.S. S3A-J2. 

SECTION .0300 - EXAMINATION 
PROCEDLRES 

.0302 WRITTEN EXAMINATION 

(a) Licensure Examination. All applicants for 
architectural registration in North Carolina by 
written examination must pass the .Architectural 
Registration Examination (ARE), administered 
in North Carolina, prepared by the National 
Council of Architectural Registration Boards 
(NCARB). 

(1) Description. The nature of the examina- 
tion is to place the candidate in areas re- 
lating to actual architectural situations 
whereby his abilities to exercise competent 
value judgements will be tested and eval- 
uated. 

(2) Qualifications. The prequalifications 
necessary for an applicant's admission to 
the Architectural Registration examina- 
tion (ARE) are as follows: 

(A) be of good moral character as defined 
in North Carolina General Statute 
83A-1(5); 

(B) be at least 18 years of age; 

(C) hold a degree in architecture from a 
college or university where the degree 
program has been approved by the Board, 
or professional education equivalents as 
outlined and defined in the North 
Carolina Board of Architecture's Table of 
Equivalents for Education and Experi- 
ence, Appendix A; Beginning July 1, 
1991, the professional education quali- 
fication shall be a NAAB (National Ar- 
chitectural Accrediting Board) accredited 
professional degree in architecture. 



(D) have three years practical training or 
experience in the offices of registered ar- 
chitects or its equivalent as outlined and 
defined in the North Carolina Board of 
Architecture's Table of Equivalents for 
Education and Experience, Appendix A. 
All applicants who apply for architectural 
registration subsequent to July 1, 1987 
shall be required to follow the Intern De- 
velopment Program (I DP) through the 
National Council of Architectural Regis- 
tration Boards or an equivalent program 
approved by the North Carolina Board 
of Architecture in order to satisfy the re- 
quirements of this Section. In the case 
of any applicant certifying to the Board 
that he or she had accrued sufficient 
training credits under the requirements of 
the current Appendix A prior to July 1, 
1987, so that 12 or fewer months of 
training remained to be acquired, then the 
current Appendix A shall continue in ef- 
fect for such applicant, 
(b) Cont e nt. The A R E comprises fifoe divi 
sions a* follows: 

Division Af Pro design 
Division B^ Site D e sign 
Division fe Building D e sign 
Division Dr Structural - G e neral 
Division &• Structural - lateral 

Foroos 
Division F^ Structural - Long Span 
Division Gr Mechanical, Plumbing, 
Electrical & Life 
Safety Systems 
Division Hf Materials a»4 Methods 
Division fe Construction Documents 

&• Servic e s 
Retention of credit. Transfer credits for parts of 
the examination passed prior to the 1*^X3 Archi- 
tectural Registration Examination (ARE), shall 
be as established bv the Board. Information as 
to transter credits will be provided, when appro- 
priate, to candidates as an inclusion with the ap- 
plication forms. 

fe} R e t e ntion »f Cr e dit. Applicants who fo*4 
passed portions ef the previous registration es- 
annnations (Professional Examination - Section 
At Professional Examination - Section B »«4 
Qualifying Test) v4H- receive the transfer credit set- 
forth- below »ft4 need only take thos e divisions 
e£ ARE fof which fh» transfer credit ha* been w- 
coived. 4fo be eligible fof transfer credits fof am- 
portion &$ the Professional Examination - See- 
tfo» Br the applicant must havo passed thre e 
parts ef that- examination fo e«e sitting, fo e* af- 
tef D e cember. 4^-SOr 



1164 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



PROPOSED RULES 



Transfer cr e dits te- tke ARE from tfe» proviouo 
NCARB examinations are as follows: 

Previous Examinations Passed 

Professional Examination, 
Soction Br Barts \ & U 



Profoooional Examination, 
S e ction A (D e sign/Sit e ) 

Professional Examination, 
Soction Br Part Hi 

Qualifying T-esi 
Soction A 
(History sh4 Thoony ef Archit e ctur e are incor 
poratod iftte- aH divisions ef- the ARE). 

Qualifying Toot, 
Soction -B 

Qualifying Tost, 
Soction £> 



Qualifying Test, 
Soction G 



Professional Examination, 
S e ction Bt Bart t¥ 



Credit to- ARE Divisions 

Division A 

Divisions B- & G 

Divisions D,E,F,G a»4 J4 

XQ CREDIT 

Divisions D,E,F 

Division G 

Division 44 



Division i 

(c) (4) Practical Training. Practical training 
means practical experience and diversified train- 
ing as defined in the North Carolina Board of 
Architecture's Table of Equivalents for Educa- 
tion and Experience, Appendix A. However, the 
Board reserves the right to judge each case on its 
own merits. 

(d) (e) Personal Audience. The candidate may 
be required to appear personally before the ex- 
amining board or a designated representative of 
the Board and afford the Board an opportunity 
to judge his natural endowments for the practice 
of architecture, his ethical standards, and by 
questions gain further knowledge of his fitness for 
the practice of architecture. The time for this 
audience will be set by the examining body. 

(e) ($ Grading. The ARE shall be graded in 
accordance with the methods and procedures re- 
commended by the NCARB. 

(1) To achieve a passing grade on the ARE, 
an applicant must receive a passing grade 
of 75 in each division. Grades from the 
individual divisions may not be averaged. 
Applicants will have unlimited opportu- 
nities to retake divisions which they fail, 
but all divisions, previously failed, must 
be retaken at one time at a subsequent 
examination. 

(2) In order to insure fairness in grading and 
to preserve anonymity until after the ex- 
aminations have been graded, each candi- 
date will receive a number that will be 
unique for each candidate. This number 
shall be placed by the candidate on all 
papers and exhibits. 

(f) (g) Time and place. Beginning in 1983, the 
Board will administer the ARE over a four day 
period to all applicants eligible, in accordance 
with the requirements of this Rule. The place 
and exact dates will be announced in advance of 
the examination. 

Statutory Authority G.S. 83A-1; 83A-6; S3A-7. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1165 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were fled to be effective in the month indicated. 

JXules filed for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

A dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. I SOB, Article 2 requiring 
publication in the S.C. Register of proposed rules. 

KJ pon request from the adopting agency, the text of rules will be published in this section. 

lunctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



NORTH CAROLINA ADMINISTRATIVE CODE 

LIST OF RULES CODIFIED 

DECEMBER 1990 



AGENCY 

DEPARTMENT OF STATE AUDITOR 

4 NCAC 19L .1101 
DEPARTMENT OF CORRECTION 



5 NCAC 2B 


.0100 




.0202 




.0205 


2E 


.0707 




.1308 


2F 


.0800 




.2300 


DEPARTMENT OF HI MAN 


RESOURCES 


10 NCAC 19F 


.0602 




.0603 


19G 


.0801 - .0802 




.0803 - .0827 


19H 


.0403 


42W 


.0007 


DEPARTMENT OF INSURANCE 


1 1 NCAC 6A 


.0801 - .0811 


10 






.1107 


11A 


.0501 - .0513 



ACTION TAKEN 



Correction 



* Correction 

* Correction 
Amended 
Amended 

* Correction 

* Correction 

* Correction 



Amended 

Adopted 

.Amended 

Adopted 

.Amended 

Adopted 



** Adopted 
* Correction 
.Amended 
** Adopted 



1166 



5: 18 NORTH CAROLINA REGISTER December 14, 1990 



FINAL RULES 



12 


.0801 - .0814 


Repealed 




.0815 -.0816 


** Adopted 




.0818- .0833 


** Adopted 


16 


.0101 - .0107 


** Adopted 


DEPARTMENT OF ENVIRONMENT, HEALTH, 


AND NATURAL RESOURCES 


15A NCAC 2B 


.0305 


** Amended 




.0315 


** Amended 


2H 


.0105 


* Correction 




.0205 


* Correction 




.1203 


* Correction 


2K 


.0104 


Temp. Amended 
Expires 04-29-91 




.0222 - .0223 


Temp. Adopted 
Expires 04-29-91 


3B 


.0501 


Amended 




.0901 


Amended 




.0907 


Amended 


3C 


.0311 


Amended 


4A 


.0005 


Temp. Amended 
Expires 04-29-91 


4B 


.0026 - .0027 


Temp. Adopted 
Expires 04-29-91 


5B 


.0012 


Temp. Adopted 
Expires 04-29-91 


IOC 


.0305 


** Amended 


10F 


.0327 


** Amended 




.0340 


** Amended 




.0347 


Amended 


10H 


.0302 


** Amended 


13A 


.0005 


* Correction 




.0006 


Amended 




.0009 - .0010 


* Correction 




.0012- .0013 


* Correction 


13B 


.0502 


Amended 


18A 


.1201 - .1206 


Amended 




.1934 


Amended 




.1957 


** Amended 




.1959 


Amended 




.1962 


Amended 




.2304 


Amended 


18D 


.0304 


Amended 


21B 


.0301 


Amended 


21D 


.0706 


Amended 


21E 


.0301 - .0302 


Amended 


21F 


.0902 - .0903 


Repealed 


24A 


.0101 - .0102 


Amended 




.0201 - .0203 


Amended 




.0204 


* Correction 




.0301 - .0305 


Amended 




.0401 - .0405 


Amended 




.0501 - .0502 


Amended 


24B 


.0001 


Amended 




.0004 


Amended 


26B 


.0001 - .0005 


Amended 


DEPARTMENT OF REVENU 


E 









5:18 NORTH CAROLINA REGISTER December 14, 1990 



1167 



FINAL RULES 



17 NCAC 6B .3513 

.4103 

.4105 

6C .0110 



Amended 
Amended 
Amended 
Amended 



DEPARTMENT OF TRANSPORTATION 



19A NCAC 



2D .0637 

2E .0201 - .0203 
.0206 - .0208 
.0210 - .0212 
.0602 - .0603 
.0607 



BOARD OF COSMETIC ART EXAMINERS 



Amended 
Amended 
Amended 
Amended 
Amended 
Adopted 



21 



NCAC 



14B .0603 

14K .0002 

.0007 



Adopted 

Amended 

Amended 



BOARD OF PHYSICAL THERAPY EXAMINERS 



21 NCAC 48A .0001 

48B .0002 

48C .0101 

48D .0003 

.0005 - .0006 

48E .0103 

48F .0002 



Amended 

** /Amended 

Amended 

Amended 

Amended 

.Amended 

Amended 



11 68 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



ARRC OBJECTIONS 






1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. 143B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
I43B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Credit Union Division 

4 NCAC 6C .0203 - Fields of Membership 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 

15 A NCAC ISC .0102 - Definitions 

15 A NCA C 18C . 1532 - Variances and Exemptions 

15 A NCAC 18C J 534 - Max Contaminant Levels for Coliform Bacteria 

15 A NCAC 18C .2001 - General Requirements 

15 A NCAC 18C .2002 - Disinfection 
Filtration 

Analytical and Monitoring Requirements 
Criteria for Avoiding Filtration 



15 A NCAC 18C .2003 
15A NCAC 18C .2004 
15 A NCAC J8C .2005 



ARRC Objection 8/16/90 
Obj. Removed 9/20/90 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



10/18/90 
10/18/90 
10/18/90 
10/18/90 
10/18/90 
10/18/90 
10/18/90 
10/18/90 



Environmental Management 

ISA NCAC 2H .1203 - Public Notice 

Agency Revised Rule 
15 A NCAC 2N .0703 - Initial Abatement Measures and Site Check 
15 A NCAC 2N .0704 - Initial Site Characterization 

Marine Fisheries 

ISA NCAC 3C .0311 - Cancellation 

Agency Revised Rule 
15 A NCAC 3N .0001 - Scope and Purpose 

Agency Revised Rule 
ISA NCAC 30 .0203 - Shellfish Lease Application Processing 

Agency Revised Rule 

Solid Waste Management 

ISA NCAC 13B .1003 - Eligible Purposes 

Agency Revised Rule 
ISA NCAC 13B .1005 - Priority Factors 

Agency Revised Rule 

Wildlife Resources Commission 



ARRC Objection 8/16/90 
Obj. Removed 9/20/90 
ARRC Objection 11/14/90 
ARRC Objection 11/14/90 



ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 
ARRC Objection 
Obj. Removed 



9/20/90 
10/18/90 
8/16/90 
9/20/90 
8/16/90 
9/20/90 



ARRC Objection 8/16/90 

Obj. Removed 9/20/90 

ARRC Objection 8/16/90 

Obj. Removed 9/20/90 



ISA NCAC 10H .0302 
Agency Revised Rule 



Minimum Standards 



ARRC Objection 9/20/90 
Obj. Removed 10/18/90 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1169 



ARRC OBJECTIONS 



HUMAN RESOURCES 

Facility Services 

10 XCAC 3R .2113 - Definitions 

Agency Revised Rule 
10 XCAC 3R .2115 - Need for Services 

Agency Revised Rule 
10 XCAC 3V .0303 - Insurance Required 

Individual and Family Support 

10 XCAC42C .3301 - Existing Building 

10 XCAC 42D .1401 - Qualifications of Administrator/ Co- Administrator 

INSURANCE 

Agent Services Division 

11 XCAC 6 A .0 r 02 - Prelicensing Education Schools 
Agency Revised Rule 

Financial Evaluation Division 

// XCAC 11B .0607 - Application - Employers 

Agency Returned Rule Without Change 
11 XCAC 11B .0610 - Application - Groups 

Agency Returned Rule Without Change 

LICENSESG BOARDS AND COMMISSIONS 

Medical Examiners 

21 XCAC 32 Al .0007 - Termination ofXP Approval 

Physical Therapy 

21 XCAC 4SC .0102 - Responsibilities 

Agency Returned Rule Unchanged 
21 XCAC 4SC .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Plumbing and Heating Contractors 

21 XCAC 50 .1203 - Disposition of Petitions 
21 XCAC 50 .1207 - Request to Participate 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 XCAC 6C .0312 - Certificate Suspension and Revocation 

Agency Revised Rule 
16 XCAC 6D .0105 - Use of School Day 

Objection Reconsidered and Failed 

Clincher Motion Passed 

Agency Filed Rule for Codification in the XCA C 



ARRC Objection 9! 20:90 
Obj. Removed 9/21/90 
ARRC Objection 9; '20,90 
Obj. Removed 9/21/90 
ARRC Objection 11/14/90 



ARRC Objection 11/14/90 
ARRC Objection 111 14/90 



ARRC Objection 8/16/90 
Obj. Removed 9/20:90 



ARRC Objection 8; 1690 
9:20/90 

ARRC Objection 8:16:90 
9:20 90 



ARRC Objection 11/14,90 



ARRC Objection 9/20 90 
Xo Action 10/18.90 

ARRC Objection 9/20/90 
Xo Action 10:1890 



ARRC Objection 11 14 90 
ARRC Objection 11 14 90 



ARRC Objection 8:16 90 

Obj. Removed 920, 90 

ARRC Objection 6:21:90 

7/19/90 

9/28 90 



1170 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



ARRC OBJECTIONS 



STATE PERSONNEL 



25 NCAC IB .0107 - Personnel Commission Meetings 


ARRC Objection 


9/20/90 


25 NCAC IB .0108 - Commission Staff 


ARRC Objection 


9/20/90 


25 NCAC IB .0109 - Commission Actions 


ARRC Objection 


9/20/90 


25 NCAC IB .0110 - Motions 


ARRC Objection 


9/20/90 


25 NCAC IB .0111 - Voting 


ARRC Objection 


9/20/90 


25 NCAC IB .0112 - Abstention 


ARRC Objection 


9/20/90 


25 NCAC IB .0113 - Duties of the Chairman 


ARRC Objection 


9/20/90 


25 NCAC IB .0114 - Order of Business 


ARRC Objection 


9/20/90 


25 NCAC IB .0115 - Special Meetings 


ARRC Objection 


9/20/90 


25 NCAC IB .0116 - Duties of Chairman Between Meetings of the Comm ARRC Objection 


9/20/90 


25 NCAC IB .01 17 - Standing/ Special Committees 


ARRC Objection 


9/20/90 


25 NCAC IB .0/18 - Minutes 


ARRC Objection 


9/20/90 


25 NCAC IB .0119 - Notice of Commission Action 


ARRC Objection 


9/20/90 


25 NCAC IB .0120 - Appointment of Vice-Chairman 


ARRC Objection 


9/20/90 


Agency Withdrew Rules .0107 - .0120 




10/18/90 


25 NCAC 1L .0201 - Purpose 


ARRC Objection 


9/20/90 


25 NCAC 1L .0202 - Policy 


ARRC Objection 


9/20/90 


Agency Withdrew Rules .0201 - .0202 




10/18/90 


25 NCAC 1L .0206 - A nti- Discrimination 


ARRC Objection 


9/20/90 


Agency Revised Rule 


Obj. Removed 


9/21/90 


25 NCAC 1L .0207 - Testing and Examination 


ARRC Objection 


9/20/90 


Agency Revised Rule 


Obj. Removed 


9/21/90 



STATE TREASURER 



Local Government Commission 



20 NCAC 3 .1003 - Petition for Hearing 

Agency Revised Rule 
20 NCAC 3 .1004 - Hearing Officer 

Agency Withdrew Rule 



ARRC Objection 9/20/90 
Obj. Removed 9/20/90 

9/20/90 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1171 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC IB .0202(c) - REQUEST FOR DETERMINA HON 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc.. Petitioner v. N.C. 
Department of Human Resources. Division of Facility Services, Certificate of Need Section, Respondent 
(90 DHR 0792). 

10 NCAC IB .0202(c) - REQUEST FOR DETERMINATION 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources. Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 

n--,,,. 

10 NCAC 3 R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership. Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF CERTIFICATE 

Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West. Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101. 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied" in Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42 W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North Carolina Court of Appeals per. Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied in Rankin Whittington, Daniel C Hudgins, Dr. Takey 
Crist. Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources. David Flaherty, in his capacity as Secretary of the North 
Carolina Department of Human Resources, The North Carolina Social Services Commission, and C. 
Barrx McCarty. in his capacity as Chairperson of the North Carolina Social Sen- ices Commission, De- 
fendants [100 N.C. App. (1990)]. 



1172 5:18 NORTH CAROLINA REGISTER December 14, 1990 



NOR TH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE DEPARTMENT 

1 Administration 

2 Agriculture 

3 Auditor 

4 Economic and Community 
Development 

5 Correction 

6 Council of State 

7 Cultural Resources 

8 Elections 

9 Governor 

10 Human Resources 

1 1 Insurance 

12 Justice 

13 Labor 

14A Crime Control and Public Safety 

15A Environment, Health, and Natural 
Resources 

16 Public Education 

17 Revenue 

1 8 Secretary of State 
19A Transportation 
20 Treasurer 

+ 21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges 

24 Independent Agencies 

25 State Personnel 

26 Administrative Hearings 



LICENSING BOARDS CHAPTER 

Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Foresters 20 

Geologists 21 

Hearing Aid Dealers and Fitters 22 

Landscape Architects 26 

Landscape Contractors 28 

Marital & Family Therapy 31 

Medical Examiners 32 

Midwifery Joint Committee 33 

Mortuary Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

Optometry 42 

Osteopathic Examination and 44 
Registration 

Pharmacy 46 

Physical Therapy Examiners 48 

Plumbing and Heating Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 
Professional Engineers and Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners 60 

Sanitarian Examiners 62 

Social Work 63 

Speech and Language Pathologists and 64 
Audiologists 

Veterinary Medical Board 66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:18 NORTH CAROLINA REGISTER December 14, 1990 



1173 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990- March 1991) 



1990 - 1991 



Pases 



Issue 



1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4,- May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 

1060 - 1106 17 - December 

1 107 1176 18- December 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

FR - Temporary Rule 



ADMINISTRATION 

Auxiliary Services, 860 PR 

State Property and Construction, 411 PR 

ADMINISTRATIVE HEARTNGS 

Rules Division, 792 PR 

AGRICULTURE 

Markets, 737 PR 

Plant Conservation Board, 1 PR 

Plant Industry, 739 PR 

State Fair, 737 PR 

Structural Pest Control Committee, 7 PR 



1174 



5: IS NORTH CAROLINA REGISTER December 14, 1990 



CUMULA TIVE INDEX 



COMMUNITY COLLEGES 

Community Colleges, Department of, 1031 PR 

CORRECTION 

Division of Prisons, 762 FR, 867 FR, 938 FR, 1035 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission, 16 PR, 1062 PR, 1108 PR 

Community Assistance, 25 PR, 317 PR, 1110 PR 

Credit Union, 317 PR, 860 PR 

Energy Division, 1013 PR 

Hazardous Waste Management, 742 PR, 1109 PR 

Milk Commission, 24 PR, 741 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 

1121 PR 
Health Services, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR 
Land Resources, 744 PR 
Marine Fishenes, 63 PR, 484 PR, 805 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Facility Operators Board of Certification, 621 PR, 983 PR 
Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 

924 PR, 1020 PR, 1074 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 
1166 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060 

HUMAN RESOURCES 

Aging, Division of, 704 PR 

Drug'Commission, 870 FR, 939 FR 

Facility Sen-ices, 516 PR, 702 PR, 958 PR, 1116 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR 

Sen-ices for the Blind, 412 PR 

Sen'ices for the Deaf and the Hard of Hearing, 1065 PR 

Social Semces, 247 PR, 607 PR, 976 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Sen-ices, 261 PR 

INSURANCE 

Actuarial Sen-ices Division, 480 PR 
Agent Sen-ices Division, 321 PR, 520 PR 
Engineering and Building Codes, 793 PR 
Financial Evaluation Division, 342 PR, 525 PR 



5:18 NORTH CAROLINA REGISTER December 14, 1990 1175 



CUMULA TIVE INDEX 



Fire and Casualty Division, 335 PR, 478 PR, 796 PR 

Life: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 

Medical Database Commission, 1120 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSLNG BOARDS 

Architecture, Board of, 1162 PR 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic Art Examiners, Board of, 355 PR, 708 PR, 927 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Examiners, Board of, 207 PR, 838 PR, 862 PR 

Midwifen- Joint Committee, 994 PR 

Mortuary' Science, Board of, 749 PR 

Nursing, Board of, 300 PR, 496 PR, 994 PR, 1096 PR 

Nursing Home Administrators, Board of, 750 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Pleating Contractors, Examiners, 621 PR 

Practicing Psvcholoaists, Board of, 755 PR 

Real Estate Commission, 625 PR, 863 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR 

REVENUE 

Individual Income Tax, 359 FR, 1036 FR 
License and Excise Tax Division, 445 FR 
Sales and Use Tax. 213 FR, 453 FR, 872 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Highways, Division of, 765 FR, 8S3 FR, 1038 FR 
Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR 



11~6 5: IS NORTH CAROLINA REGISTER December 14, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
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39 


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19A 


46 


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